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2019 DAILYLAW 2951 (BOM)

SHANKAR TUKARAM CHAVAN AND OTHERS v. THE STATE OF MAHARASHTRA AND OTHERS

WP/12495/2019 · 2026-03-04

Shri N B Suryawanshi, Vaishali Patil Jadhav

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Judgment text

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1 34-WP-12495-19.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12495 OF 2019 SHANKAR TUKARAM CHAVAN AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Mr. Prakashsing B. Patil, Advocate for the Petitioners Mr. S. R. Wakle, AGP for Respondents/State ... CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ. DATE : 04th MARCH, 2026 PER COURT : 1. By this petition, petitioners seek directions to the respondents to acquire their lands mentioned in the proposals dated 26/03/2015 and pay them compensation. 2. A3davit-in-reply is 5led on behalf of respondent No.4 on 05/01/2026, wherein following statements are made, “Village Kumbharzhari – 40R Land: 2. …. 3. I say and submit that, after receiving the le, as per the Land Acquisition Act, 2013, Section 11(1) Notication was published on the Government Gazette January 25-31, 2024. 4. I say and submit that, as per the Land Acquisition Act, 2013, Section 19 Notication was published on the Government Gazette / December/January 26-01, 2024/2025. 5. I say and submit that as per communication received from Collector O8ce letter Jaa. Kra. 2025/ Bhoosampadan Samnvaya-1/Kavi-1019, dated 02.01.2026, to this o8ce, for the publication of Final Award 6 month time extension has been given. Village Kumbharzhari – 1 Hec. 13 R Land: 7. I say and submit that, the proposal for land acquisition in the village Kumbharzari, Tal. Jafrabad, Dist. Jalna for acquiring 1 Hec. 13 R of land, based on the Right To Fair Compensation & Transparency in Land Acquisition, SVH 2026:BHC-AUG:9319-DB 2 34-WP-12495-19.odt Rehabilitation and Resettlement Act, 2013 was received from the Collector O8ce, Jalna by the Sub-Divisional O8ce, Bhokardan on 30.10.2023. 8. I say and submit that after receiving the le, as per the Land Acquisition Act 2013, Section 11(1) Notication was published in the Government Gazette March 13-19, 2025, 9. I say and submit that, as per the Land Acquisition Act, 2013. the le is at present in the Section 19 publication stage. 10. I say and submit that, therefore, Section 19 notication will be published within two month and after the publication of the Section 19 notication, the nal award can be declared, as per the statutory provision. Village Aland: 11. I say and submit that, the proposal for land acquisition in the village Aaland, Tal. Jafrabad, Dist. Jalna for acquiring 2 Hec.73 R of land, based on the Private Negotiation, was received from the Collector O8ce, Jalna by the Sub- Divisional O8ce, Bhokardan on 12.01.2023. 12. I say and submit that, the le was approved by the Private Negotiation Rate Determination Committee headed by the District Collector, Jalna District on 04.12.2024 for an amount of Rs. 1,63,80,000/-. 13. I further say and submit that, as per the rates decided by the committee and now the deponent o8ce already calculated the E-statement of individuals person and nal amount is also calculated to be given by way of private negotiations to all the concerns. I further say and submit that, till this date no objection has been received by the deponent o8ce about the rates and all are ready for private negotiations award and further process of execution of sale deed is to be done by the acquiring body at their level. The copy of E-statement and communication given to the acquiring body dated 21.02.2025 are annexed herewith and marked as EXHIBIT-R-1 Colly. 14. I say and submit that, upon receiving the fund from the Concerned acquiring agency the same will be distributed.” 3. By recording the above statements as undertaking to this Court, the writ petition is disposed of. (VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.) SVH