Writ petition No. 7053 of 2007 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 7053 of 2007 1] Icharam Dattatraya Naik Age 62 years, Occ. Agri & Trader 2] Shantaram Dattatray Naik Age 60 years, Occ. Agri. And Tax Consultant. 3] Laxmikant s/o. Dattatraya Naik Age 56 years, Occ. Agri. & Trader. All R/o. Jalgaon, District Jalgaon. Petitioner Versus 1] The State of Maharashtra through Collector, Jalgaon. 2] Special Land Acquisition Officer No.1, Jalgaon. 3] The Secretary Rural Development Department, Mantralaya, Mumbai. 4] Zilla Parishad, Jalgaon through its Chief Executive Officer, Jalgaon. Respondents Mr. P.M. Nagargoje, Advocate holding for Mr. P.R. Katneshwarkar, Advocate for the petitioners Writ petition No. 7053 of 2007 2 Mr. K.G. Patil, AGP for respondent No.1 Mr. S.S. Mundhe, Advocate for respondent No.4. CORAM : B.R. GAVAI & R.M. BORDE,JJ. DATE : 7TH DECEMBER, 2010. ORAL JUDGMENT [ PER B.R. GAVAI, J] : 1] Heard finally by consent of the parties. 2] The limited grievance of the petitioners is that though the possession of the petitioner's land is taken, way back in 1988, the proceedings for the acquisition of the landhave not been commenced and the petitioners have not been paid the salary compensation for the same. 3] Though the right to property is no more a fundamental right, but, still it is a constitutional right. The respondent cannot be permitted to ejoy the property of the petitioners, without acquiring the same and paying compensation for the same. 3] Even in the affidavit in reply filed on behalf of the Zilla Parishad, the fact regarding possession of the petitioners land being taken, has not been despited. It , however, appears that there is an internal dispute between the Zilla parishad and the Collector, as to who shall pay the fund for acquisition. 4] We are not considered with the internal dispute between the Zilla Parishad and the Collector. We dispose of the petition with a Writ petition No. 7053 of 2007 3 direction to conclude the acquisition proceedings, within a period of one year, including payment of compensation to the petitioner. Rule made absolute in aforesaid terms with no orders as to costs. Civil application, if any, stands disposed of. [R.M. BORDE,J.] [B.R. GAVAI,J.] grt/wp