NANDKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of both sides, the petition is heard finally at the stage of admission.

(2.) By the present petition, the petitioner prayed for issuance of writ of mandamus or any other appropriate writ, order or directions against the Respondents to pay compensation for his acquired land admeasuring 12 R from Gut No. 104 of village Vakti, Tq. Vaijapur Dist. Aurangabad as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short RFC and TLA and R, Act, 2013) within a period of two months from the date of order or in alternative, to deposit said compensation before this Court.

(3.) Mr. Shinde, the learned counsel appearing for the petitioner vehemently canvased that the petitioner's father Shri Tukaram Sakharam Janrao was owner of agriculture land bearing Gat No. 104 admeasuring 12 R at village Vakti, Tq. Vaijapur Dist. Aurangabad. In the year 1979, Respondent No. 4 acquiring body took possession of the land for construction of Nandur- Madhmeshwar Canal. On 31/1/1981, Respondent No. 3 Special Land Acquisition Officer passed an award in File No. 80/SLAO/JP/AR/39/79 and determined compensation to the tune of Rs.552.00 (i.e. compensation @ Rs.40.00 per R= 40 X 12 R= Rs.480.00 + Solatium Rs.72.00 =Rs.552.00) as per Schedule E to the Award. However, the petitioner or his predecessor in title, were neither paid compensation nor the same was deposited in the Court till date. So also, no notice was issued to the petitioner or his father at any time before. Therefore, on 21-05- 2018, 12/1/2022 and 21/1/2022, the petitioner submitted representations with the Respondents authorities but no positive action was taken for payment of compensation.