74wp751.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.751 of 2011 (Mamraj H. Agrawal (Deceased) through L.Rs. and Ors. vs. Special Land Acquisition Officer and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 07/04/2011. Heard Mr.S.V.Purohit, Adv. for the petitioners, Mr.N.S.Khubalkar, Assistant Government Pleader for respondent nos. 1, 3 and 4 and Mr.S.G.Charde, Adv. for respondent no.2. In the instant petition, the grievance of the petitioners is in respect of action of acquisition of land initiated by the State for widening of road. Counsel for the petitioners has submitted that though the notice dt.13.12.2010 issued by the Special Land Acquisition Officer was alleged to have been u/s. 9 of the Land Acquisition Act; however, by the said notice, only objections were invited to the measurement of land in question carried 74wp751.11.odt 2 . out by the acquiring Authorities u/s. 8 of the Act and therefore, the petitioners did not file the Claim Statement in respect of their land in question and seek permission to file the Claim Statement. The Assistant Government Pleader has submitted that the petitioners were issued notice dt. 13.12.2010 which were u/s. 9 and the petitioners were called upon to file their Claim Statement as well as objections, if any, as per the procedure stipulated u/s. 9 of the Act. It is further contended that though the petitioners have filed objections; however, they failed to file Claim Statement and therefore, they may not be permitted to do so now. It is further contended that the land is acquired for the purpose of widening of road and therefore, there is urgency in the matter. It is further submitted that, by virtue of interim order passed by this Court, draft Award could not be finalised . The Assistant Government Pleader has further submitted that if the Court is inclined to permit the petitioners to file the Claim Statement without prejudice to the rights of the parties, in that event, the interim order may be vacated and permission to proceed with the Land Acquisition proceedings may be granted. Considered the contentions canvassed by the respective Counsel and the 74wp751.11.odt 3 . facts placed before us and perused the notice dt. 13.12.2010. Perusal of the notice dt. 13.12.2010 clearly demonstrates that the same is issued by the Land Acquisition Officer u/s. 9 of the Act and therefore, opportunity was given to the petitioners to file Claim Statement as well as objections; however, the petitioners failed to avail the said opportunity and only filed objections in respect of land in question which is under acquisition and did not file any Claim Statement. However, since it is brought to the notice of this Court that the draft Award could not be finalised because of the interim order passed by this Court, in the interest of justice and without prejudice to the rights of the parties, we permit the petitioners to file Claim Statement within a period of eight days from today, failing which their right to file Claim Statement shall stand extinguished. We vacate the interim order and permit the respondents to proceed with the proceedings according to law. With these observations, the petition is disposed of. JUDGE JUDGE jais