1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.347 OF 2009 1) Pandurang s/o Santaram Patil, Age-85 years, Occu:Agri., R/o-Peth, Tq. & Dist-Latur, 2) Jagannath s/o Mallikarjun Kalshette, Age-45 years, 3) Dagdugir s/o Govind Gir, Age-90 years, 4) Dattu s/o Kishanrao Raut, Age-50 years, 5) Smt. Saraswatibai w/o Raghunath Dahiwale, Age-90 years, Petitioner Nos. 2 to 5 Occu:Agri., All R/o- Gangapur, Tq. & Dist-Latur. ...PETITIONERS. VERSUS 1) The State of Maharashtra, 2) The Divisional Commissioner, Aurangabad Division, Aurangabad, 3) The Collector, Latur, Dist-Latur, 2 4) The Special Land Acquisition Officer, Swarna Project, having its Office at Central Administrative Building, Collector Office, Latur, 5) The Managing Director, Godavari Marathwada Irrigation Development Corporation, Jalna Road, Aurangabad, 6) The Executive Engineer, Medium Irrigation Department, Latur. ...RESPONDENTS. ... Mr.G.N. Kulkarni Advocate for Petitioners. Mr.K.B. Choudhari, A.G.P. for Respondent Nos. 1 to 4. Smt. M.B. Gangwal Advocate for Respondent No.6. ... CORAM: NARESH H. PATIL AND N.D. DESHPANDE, JJ. DATE : 29TH MARCH, 2010. ORAL JUDGMENT : [PER NARESH H. PATIL, J.]: 1. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 3 2. The Petitioners contend that their land was acquired and therefore they had filed application under Section 28-A of the Land Acquisition Act on 12th December, 1988 for redetermination of the compensation. The matter was settled in Lok Nyayalaya held on 31st January, 1999 and parties reached settlement dated 31st January, 1999. "E" statement was prepared on 12th July, 1999. The Respondent No.4 had forwarded the demand proposal for payment of compensation. The amount of Rs.9,31,770/- was demanded by the Respondent No.4 from the acquiring body. As the amount was not deposited, the Petitioners had rushed to this Court and filed the Present Petition on 18th December, 2008. 3. Under the Orders passed by this Court, the Respondent No.6 the Executive Engineer, Medium Irrigation Department, Latur deposited an amount of Rs. 9,22,540/- through cheque dated 23rd March, 2010. 4 4. The learned counsel for the Petitioners prays that the amount deposited in this Court be transferred to the Special Land Acquisition Officer - Respondent No.4 herein for disbursement of the same to the rightful claimants. 5. The learned A.G.P. submits that amount be transferred to Respondent No.4 who would verify the claim, pendency of any appeal filed against the award in the reference proceedings and thereafter take appropriate steps in accordance with law in respect of payment. 6. The learned counsel for the Respondent No.6 does not have any objection to the suggestion made by the learned A.G.P. 7. We, therefore, direct the Registry of this Court to transfer the amount of Rs.9,22,540/- (Rs. Nine Lakhs Twenty Two Thousand Five Hundred Forty only) to the Respondent No.4- Special Land 5 Acquisition Officer. The Respondent No.4 shall deal with the issue as per the statement made by the learned A.G.P., referred as above. Rule is made absolute on the terms indicated above. [N.D. DESHPANDE, J.] [NARESH H. PATIL, J.] asb/MAR10/wp347.09