RAMBHAU AND ORS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution of India prays for issuance of appropriate writ directing the respondents to pay rental compensation to the petitioners. The petitioners have also prayed for directions to the respondents to deposit the rental compensation in this Court.

(3.) Undisputedly, lands of the petitioners came to be acquired and an Award under Sec. 11 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the said Act) came to be passed. The petitioners have also received the compensation as determined under the Award. The petitioners had also filed applications seeking reference under Sec. 18 of the said Act. The aforesaid Reference under Sec. 18 of the said Act has also been decided. The petitioners claim that they have not been paid rental compensation to which they are entitled to in law. The petitioners have accordingly addressed a communication dated 27.01.2006, which is annexed to the petition as Exhibit-E. The acquiring body, i.e. Respondent nos. 4 and 5 have not denied the receipt of the application at Exhibit-E submitted by the petitioners seeking payment of rental compensation. It is also not in dispute before us that the aforesaid application has not been decided by the respondents.