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2008 DIGILAW 1763 (BOM)

Laxman s/o Bajirao Mansuke v. Collector, Ahmednagar, Collector Office

2008-12-17

NARESH H.PATIL, S.R.DONGAONKAR

body2008
Judgment : Oral Judgment: (Naresh H. Patil, J.) 1. Rule. Rule is made returnable forthwith. 2. The Petitioners pray for direction to initiate land acquisition proceedings as per the provisions of the Land Acquisition Act, 1894 and to carry out the valuation of the fruit bearing trees standing in the agricultural land bearing Gat Nos. 74, 75 and 77. 3. It is the contention of the Petitioners that they are owners of agricultural lands in Gat Nos. 74, 75 and 77 in village Mahandulwadi, Tq-Shrigonda, Dist-Ahmednagar. The possession of the subject lands was taken in the year 2001 for construction of the percolation tank. Since then the Petitioners have been requesting the authorities for initiating acquisition proceedings. Ultimately they were compelled to approach this Court for redressal of their grievances. 4. The Writ Petition was filed on 26/2/2007. Notice was issued to the Respondents on 17/10/2008. Consequent the same, affidavit in reply was filed. On the issue of existence of fruit bearing trees and measurement as disclosed by the Respondents, steps under the provisions of Land Acquisition Act could not be initiated. 5. Report from the Collector was called by this Court. Dis-satisfied with the said report, the Executive Engineer, Minor Irrigation (Local), Shrigonda Division was directed to remain present with record. 6. Consequent to our Order dated 16th December, 2008, Mr. B.P. Chate, Executive Engineer, Minor Irrigation (Local), Shrigonda Division is present in the Court, on whose instructions, learned A.G.P. makes a statement that within a week’s time from today a proposal would be forwarded to the Special Land Acquisition Officer No.14 for issuance of Section 4 Notification regarding the subject land. After receipt of the proposal within fifteen days thereafter, the Special Land Acquisition Officer No. 14 would publish Section 4 Notification. The statement of the learned A.G.P., on instructions, is accepted by this Court. 7. According to the Petitioners they were dispossessed in the year 2001 as their land was subjected to acquisition due to construction of percolation tank. It is sad reflection on the functioning of the responsible officers incharge of the concerned files that the Petitioners had to approach this Court after waiting for a long period for redressal of their grievances in seeking directions to the Respondents to initiate land acquisition proceedings. It is sad reflection on the functioning of the responsible officers incharge of the concerned files that the Petitioners had to approach this Court after waiting for a long period for redressal of their grievances in seeking directions to the Respondents to initiate land acquisition proceedings. It was necessary and incumbent on the part of the concerned authorities to take appropriate and prompt actions when the Petitioners land was subjected to acquisition and they were dispossessed in the year 2001. In the process the Petitioners had lost possession of the land and were deprived of the payment of compensation in accordance with law consequent to dispossession. 8. In case the statement made by learned A.G.P. is not complied with, the concerned officers holding the posts, would be personally liable for contempt proceedings. 9. We direct the Collector, Ahmednagar to verify, whether there are such identical cases pending in Ahmednagar District and if such cases are noticed, earliest action shall be taken and if such directions are not complied with, responsible officers shall be dealt with in accordance with the provisions of Maharashtra Government Servants Regulation of Transfers, Prevention of Delay in Discharge of Official Duties Act, 2005. 10. Petition is disposed of with cost of Rs.5000/-. The cost should be deposited by the State/Collector in this Court by 16th January, 2009. The Petitioners are permitted to withdraw the amount of cost. 11. Rule is made absolute in above terms. 12. TheRegistry of this Court is directed to forward the copy of this Order to the Chief Secretary of Government of Maharashtra, for information. Authenticated copy of this Order be supplied to the learned A.G.P.