MEHMOOD SUBHAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. This Petition is heard finally today though the amendment has not been carried out by the petitioner. The petitioner assures to carry out the amendment as per the proposed amendment during the course of the day.

(2.) By virtue of the proposed amendment the petitioner has prayed for addition of prayer clause (BB) in the Petition. By virtue of the amended prayer clause the petitioner prays for issuance of necessary writ for declaring that the land acquisition proceeding initiated for land bearing survey no. 436/3 situated at Dhule have lapsed. In the alternative the petitioner prays that a writ may be issued directing the respondents to pass the award and pay the compensation awarded to the petitioner within such time as may be stipulated by this Court.

(3.) At the outset learned counsel for the petitioner states that the petitioner does not press for any of the reliefs prayed for in this Petition except the alternative relief at prayer clause (BB) to the Petition. The learned counsel for the petitioner states that in the light of the affidavit in reply submitted on behalf of the respondents that the draft award has been sent for approval, the respondents be directed to complete the acquisition proceedings by declaration of the award within stipulated period. It further transpires on perusal of the affidavit in reply that the respondent Dhule Municipal Corporation has already deposited 2/3rd of the estimated amount of compensation payable to the petitioner. The learned counsel for the respondents agree that the award can be declared and the amount of compensation can be paid to the petitioner within three months from today. We accept the aforesaid statement as an undertaking to the Court. This Writ Petition therefore is allowed accepting the aforesaid statement. Rule is thus made absolute on the terms indicated above with no order as to costs.