(1) wp1083-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1083 OF 2011 Rajendra Dhansing Patil PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. Pradip R. Patil, advocate for the Petitioner. Mrs. A.V. Gondhalekar, A.G.P. for the Respondent-State. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 6th SEPTEMBER, 2011 ORAL ORDER: 1. The petitioner has approached this Court since the compensation towards fruit bearing trees was not paid to the petitioner. In the affidavit-in- reply filed on behalf of respondent No. 3, a statement is made that the amount has been sought from the Acquiring Body and as soon as the amount is received, the petitioner would be paid the compensation. 2. By now, it is settled principle of law that right to property though is not a fundamental right, is now recognized as a constitutional right. The (2) wp1083-11 respondents having acquired the land are duty bound to pay the compensation towards the land acquired as well as the fruit bearing trees. 3. We accept the statement made on behalf of the respondent No. 3 in the affidavit-in-reply that the compensation would be paid to the petitioner towards fruit bearing trees. However, we direct the same to be done, in any case, within a period of three months from today. 4. The Writ Petition is disposed of with the above directions. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp1083-11