BHIMRAO SIDDHU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 13/12/2022 this Court after hearing the learned Counsel for parties, in presence of the Deputy Collector, Land Acquisition and Rehabilitation Officer, Kolhapur, allowed the Writ Petition filed by the Petitioners. In paragraph No. 9 of the order, this Court noted that the impugned order passed by the Deputy Collector (Resettlement), Kolhapur rejected the Application filed by the Petitioners on the ground that the Petitioners have not deposited 65% of the amount of compensation within 45 days from receipt of compensation for the acquire land which order is quashed and set.doc aside.

(2.) This Court also recorded an entitlement of the Petitioners to the alternate land under Sec. 16(1)(a) which is not disputed by the Deputy Collector (Resettlement) by the said order. This Court accordingly granted liberty to the Respondents to deduct 65% amount of the compensation held payable to the Petitioners and to pay the balance amount of 35% to the Petitioners within four weeks from the date of the said order.

(3.) This Court permitted Respondents to adjust the said 65% as price for the land that would be allotted to the Petitioners. This Court recorded statement made by the learned AGP, on instructions that the Petitioners are at liberty to identify the plots which according to the Petitioners are available and can be allotted to the Petitioners. This Court accordingly directed Deputy Collector (Resettlement) to consider whether those plots are available or not and that whether the Petitioners can be allotted such plots subject to availability and shall communicate the decision within two week thereafter. This Court made it clear that if the plots identified by the Petitioners are not available or in respect of such plots though available, the Petitioners are not eligible for any reasons, the Respondents shall allot any other suitable land as may be available within four weeks thereafter. This Court accordingly allowed the Petition and placed the matter for reporting compliance.