1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7739 OF 2008 Abrar Ahemad s/o. Mohammad Ishaq, Age 48 years, Occ. Business R/o. Fazilpura, Aurangabad, Taluka and District Aurangabad. .. petitioners Versus 1] The Aurangabad Municipal Corporation, Aurangahad through its Commissioner, Aurangabad. 2] The Town Planner, The Aurangabad Municipal Corporation, Aurangabad. 3] The State of Maharashtra through Collector, Aurangabad. .. Respondent. --- Mr. A.P. Bhandari, Advocate holding for Mr. S.V.Gangapurwala, Advocate for petitioner. Mr. S.N. Pagare, Advocate for respondent No.1 2 AGP for respondent No.3. CORAM : B.R. GAVAI & N.D.DESHPANDE,JJ. DATE : 2nd September, 2009. ORAL ORDER :- 1] By way of present petition, the petitioner is seeking a direction to the respondents to pay the compensation as per the present market valud of the land admeasuring 2600 Sq. Mtr. Of Gut No.20/1 situated at Garkheda, Aurangabad . The possession of the land has been taken by the respondent for construction of road in the year 1997. It is submitted that though possession is taken, no compensation is paid so far to the petitioner. 2] On the last date, we had directed the respondent Nos. 1 and 2 to place on record the calculations, as to how much amount will be payable to the petitioner for the land of which possession is taken by the respondents. 3] Shri Pagare, learned counsel for the respondent Nos. 1 and 2, on instructions of the Assistant Director of Town Planning, Mr. D.P. Kulkarni, makes a statement that the calculations are required to be made by the respondent No.3. It is also submitted that on such calculations being made, the amount would be paid by the respondent Nos. 1 and 2 to the petitioner within a period of two weeks from the date of receipt of the calculations. 3 4] The petition is, therefore, disposed of with a direction to the respondent No.3 to complete the proceedings under the Land Acquisition Act, within a period of 4 months from today and pass an award after calculating the amount to be paid to the petitioner. This shall be done after giving an opportunity of hearing to the petitioner, so also, the respondent No.1. The petitioner, so also, the respondent No.1 shall remain present before the respondent No.3 on 14th September, 2009, as such, the formal notices to the petitioner and respondent No.1 shall stand waived. . It is made clear that on award being passed, after calculations are made by the respondent No.3, the payment shall be made within a period of 3 weeks from the date of passing of such award. It is further made clear that the compensation that may be paid to the petitioner and received by the petitioner, shall be without prejudice to the right of the petitioner, to file a reference. An authenticated copy of this order be given to the parties, to act upon. [N.D. DESHPANDE, J.] [B.R. GAVAI,J.] Grt/-