FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1222 OF 2010 “Shriram Gopaldas Khatod Vs. The State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. A.B. Kale, Advocate for the petitioner Mr. V.H. Dighe, AGP for the respondent Nos. 1 and 2 Mr. S.S. Phatale, Advocate holding for Mr. M.S. Deshmukh, Advocate for respondent No.3. CORAM :- B.R. GAVAI & R.M. BORDE, JJ. DATE :- 21st December, 2010. PER COURT :- 1] The petition is moved by the petitioner seeking a direction to the respondent authorities to initiate the proceedings under the land Acquisition Act in respect of land Survey No. 337/3A/1 and 337/3A/2, to the extent of 49R and 27R, respectively. It is stated in the petition that the possession of the land in question has been taken over by the respondent authorities long back without initiating the proceeding for acquisition of the property. 2] The respondent No.3 has presented an affidavit in reply stating therein that the concerned respondent hopes to deposit the amount as requested by the Special Land Acquisition FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1222 OF 2010 “Shriram Gopaldas Khatod Vs. The State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 Officer, up to 31st March, 2011. 3] Considering the fact that the possession of the land in question has already been taken over by the respondents long back and the proceedings for land acquisition has not been yet initiated , it is desirable to issue directions to the respondents to initiate the land acquisition proceedings and pay the compensation admissible to the petitioner within a specified period. It is required to be noted that although right in respect of acquisition of the property is not a fundamental right, it is nevertheless a right conferred under the Constitution of India and the petitioner is entitled to secure the proper value of the property acquired by the State Authorities. 4] In this view of the matter, the petition is disposed of with directions to the respondents to initiate and complete the land acquisition proceedings including payment of compensation to the petitioner, within a period of one year from today. The respondent No.3 is directed to deposit the amount in terms of the communication issued by the Land Acquisition Officer before 31st March, 2011. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1222 OF 2010 “Shriram Gopaldas Khatod Vs. The State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 5] In view of the directions recorded above, the petition stands disposed of. [R.M. BORDE, J.] [B.R. GAVAI, J.] grt/-