MANIKSING KISANSING PARDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Though this petition is not fixed for final hearing before us, this petition is heard finally at the request of the learned Counsel for the parties.

(2.) This petition under Article 226 of the Constitution of India prays for directing respondent no.3 Special Land Acquisition Officer, Jaikwadi Project No.2, Aurangabad to issue notice under section 12 (2) of the Land Acquisition Act and to pay compensation in respect of the property acquired from survey no.24/2/1 of village Vaijapur by award No.AR-23/1991 for Narangi Medium Irrigation Project with interest as provided in the Land Acquisition Act. Rule came to be issued by this Court on 6.8.2007. Mr N.J. Pahune Patil, learned Counsel appearing on behalf of the petitioner has very fairly stated before us that the petitioner has received the compensation under the award and, therefore, major part of the relief which the petitioner has sought for in this petition has been rendered infructuous. However, the learned Counsel for the petitioner states that interest has not been paid to the petitioner and on account of non payment of the interest the petitioner has submitted an application to the respondents on 1.9.2007, which is annexed to Civil Application No.668 of 2008. The aforesaid application is still pending and has not been decided so far. A civil application has been filed on behalf of the petitioner in which the petitioner has prayed that this petition be fixed for final hearing or in the alternative respondents no.2 & 3 be directed to decide the pending application dated 1.9.2007. Learned Counsel for the petitioner states that if such directions are issued, the relief which the petitioner has sought for in this petition would stand fully granted to the petitioner. In the light of the limited relief which the petitioner now prays for, we deem it appropriate to decide this petition finally at this stage.

(3.) Mr K.G. Patil, learned A.G.P. appearing on behalf of the respondents states that if the said application dated 1.9.2007 is still pending, the respondents would decide the same in accordance with law within a period of four months from today. We accept the aforesaid statement as an undertaking to the Court. We, therefore, make Rule absolute by directing respondents to decide the pending application dated 1.9.2007, if the said application is still pending, in accordance with law, within a period of four months from today. Learned A.G.P. undertakes to communicate this order to the concerned respondents.