1 wp 13937.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 13937 OF 2018

PRALHAD RUPCHAND TALELE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioners :

Mr. Patil Vijay B.

AGP for Respondents No. 1 to 5 :

Mr. K. B. Jadhavar

Advocate for Respondents No. 6 to 8 :

Mr. S. D. Dhongade

...

CORAM: S. V. GANGAPURWALA &

MANGESH S. PATIL, JJ.

DATE:

25

^th JUNE, 2019

PER COURT:

1.

The petitioners seek direction against the

respondents to acquire their land. The acquiring

body has filed an affidavit. Paragraph No. 21 of

the affidavit reads thus -

“As to contents of paragraph No. 20 the

deponent submits that, Varangaon Talvel

Pariser Sinchan Yogana is the Lift Irrigation

Scheme and a major project. Out of its main

components PH2 is planned in gut No. 83/2 of

Muje Manpur Tal. Bhusaval Dist. Jalgaon. In

due construction process and as their was not

clear demarcation between Gut No. 83/1 and

Gut No. 83/2 some part of construction of PH2

2 wp 13937.18

is existing in Gut No. 83/2 also. Respondent

No. 8 already accepted this fact and ready to

acquire the required land of Gut No. 83/2 as

per Land Acquisition, Rehabilitation and

Resettlement Act 2013. Instead of following

regular

Land

Acquisition

procedure.

Respondent No. 8 is ready to acquire Gut

No. 83/2 by private purchase as per G.R.

dated 12.05.2015.”

2.

In light of the affidavit filed by the

respondent, the grievance of the petitioners is

taken care of.

3.

The respondents may acquire the land by

private negotiations. If the private negotiations

are not fructified within a period of nine (09)

months, then the respondents shall initiate

regular acquisition proceedings thereafter and

shall acquire it within the time stipulated under

the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement

Act, 2013.

4.

Writ Petition is disposed of accordingly. No

costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.]

marathe