ASHOK SHAHADEO BHOKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have approached this Court under Article 226 of the Constitution of India seeking directions against the respondents to disburse the amount of compensation to them, in pursuance of land Acquisition award dtd. 09/09/2019 passed in file No.2019/LNQ/SR/134/97by Respondent No.4 under provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [hereinafter referred to as 'the Act, 2013' for short].

(2.) The petitioners contend that, they are agriculturists having lands in Gat Nos.3, 28, 43, 45, 46, 48 & 104 at village Arvi, Taluka Shirur (Ka), District Beed. On 08/06/1996 by way of a private negotiation, the portion of the aforesaid lands has been acquired by respondents for Uttala Budruk Minor Irrigation (Right) Canal without passing of award and release of compensation. After petitioners constant persuasion, respondent no.4/Land Acquisition Officer, Beed passed award dtd. 09/09/2019. The compensation to the tune of Rs.2,03,34,665.00 has been assessed as indicated in the E-statement. On the same day, respondent no.4 instructed respondent no.6/Executive Engineer, Beed Irrigation Division, to raise the demand of amount as per the award with respondent No.1/State of Maharashtra and disburse compensation to the petitioners directly through R.T.G.S. According to the petitioners, respondent no.6 had forwarded a proposal to respondent no.1 for release of the amount as per the award then funds are made available. However, respondent no.6 withheld the amount without assigning any reason. The petitioners addressed representation dtd. 04/02/2020 to the respondents seeking release of compensation, however, no amount is disbursed in pursuance of the award.

(3.) Pertinently, the petitioners have placed on record a copy of Land acquisition award dtd. 09/09/2019 along with a approval by respondent no.3/Dist. Collector. The petitioners have also placed on record the copies of communications dtd. 30/11/2019 and 19/12/2019 exchanged between respondent no.4 and respondent no.6 for release of compensation amount in their favor of as per E-Statement. The petitioners have further placed on record a copy of representation dated 04 /02/2020 addressed to respondent authorities seeking disbursement of the compensation amount in terms of the award dtd. 09/09/2019. All the petitioners seems to have signed on said representation. One more communication dtd. 01/02/2021 is placed on record of this Court, purportedly addressed by respondent no.4 to respondent no.6, instructing him to release amount as per award.