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2019 DIGILAW 596 (BOM)

BABANRAO VITHOBA PINGLE (SINCE DECEASED) THROUGH LRS v. BHIKU ALIAS BHIKAJI SHANKAR KOKATE

2019-03-01

PUSHPA V GANEDIWALA, R.M.BORDE

body2019
JUDGMENT : R.M. BORDE, J. 1. Heard. Rule. With the consent of parties, petitions are taken up for final hearing at the admission stage. 2. It is not a matter of controversy that the instant group of petitions proceed on the same facts as in case of decided Writ Petition bearing No. 10413 of 2017 decided on 08.01.2019 by the Division Bench of this Court to which one of us (R.M. Borde, J) is a member. 3. Since the issue raised is no more res-integra and has already been dealt with in the aforesaid petition, the instance group of petitions can also be disposed of by issuing similar directions as in case of decided writ petition. The communication issued by the Sub-Divisional Officer, Sub Division Baramati addressed to the Assistant Government Pleader on 22.02.2019 giving the details in respect of publication of notification under Section 4, a declaration under Section 6, the date of the Award and other details, is taken on record and marked "X" for its identification. 4. On perusal of the communication dated 22.02.2019, it appears that the instant petitions are similar in all respect as in case of decided matter and the award which is subject matter of these petitions is also common. In this view of the matter, these petitions can be disposed of in terms of directions issued in Writ Petition No. 10413 of 2017. It is therefore, directed: For the reasons as aforesaid, the Writ Petitions deserve to be allowed and the same are accordingly allowed. The Award declared by the Land Acquisition Officer on 31.10.2001 so far as it relates to the Petitioners is concerned, shall stand quashed. Since the possession of the property has been taken over by the acquiring body, the amount of compensation shall have to be determined by observing the procedure prescribed under the Act of 2013. The Respondents are directed to complete acquisition proceedings in respect of determination of amount of compensation and declare award and pay compensation so determined under award within one year from today. 5. Rule is accordingly made absolute. No costs.