1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5209 OF 2008 01. Kishan Bajirao Bhagwat, Age : 80 Years, Occu. : Agril., R/o Erandgaon (Bhagwat), Tq. Shevgaon, Dist. Ahmednagar. 02. Dnyandeo Deorao Bhagwat, Age : 65 Years, Occu. : Agril., R/o Erandgaon (Bhagwat), Tq. Shevgaon, Dist. Ahmednagar. 03. Pandit Eknath Bhagwat, Age : 56 Years, Occu. : Agril., R/o Erandgaon (Bhagwat), Tq. Shevgaon, Dist. Ahmednagar. .. Petitioners Versus 01. The State of Maharashtra 02. The District Collector, Ahmednagar, District Collectorate Office Ahmednagar. 03. The Special Land Acquisition Officer, Office No. 9, Collectorate Office, At Ahmednagar. 04. The Sub Divisional Officer, Paithan, Jal-Vidyut Praklpa Sub Division, Aurangabad. 05. The Executive Engineer, Neemna-Dudhna Praklpa Division at Sailu, Taluka Sailu, District Parthani. 2 06. The Tahsildar, Shevgaon, Taluka Shevgaon, District Ahmednagar. 07. The Taluka Inspector of Land Record, Shevgaon, Taluka Shevgaon, District Ahmednagar. .. Respondents WITH WRIT PETITION NO. 6676 OF 2008 01. Vaibhav Mahesh Gadekar, Age : 8 Years, Minor under guardianship of his grand father, Madhukar Dattatraya Gadekar, Age : 71 Years, Occu. : Agril., R/o Erandgaon, Tq. Shevgaon, District Ahmednagar. 02. Shubham Mahesh Gadekar, Age : 6 Years, Minor under guardianship of his grand father, Madhukar Dattatraya Gadekar, Age : 71 Years, Occu. : Agril., R/o Erandgaon, Tq. Shevgaon, District Ahmednagar. 03. Mahesh Madhukar Gadekar, Age : 33 Years, Occu. : Agril., R/o Erandgaon, Tq. Shevgaon, District Ahmednagar. .. Petitioners Versus 01. The State of Maharashtra 02. The District Collector, Ahmednagar, District Collectorate Office Ahmednagar. 3 03. The Special Land Acquisition Officer, Office No. 9, Collectorate Office, At Ahmednagar. 04. The Sub Divisional Officer, Paithan, Jal-Vidyut Praklpa Sub Division, Aurangabad. 05. The Executive Engineer, Neemna-Dudhna Praklpa Division at Sailu, Taluka Sailu, District Parthani. 06. The Tahsildar, Shevgaon, Taluka Shevgaon, District Ahmednagar. 07. The Taluka Inspector of Land Record, Shevgaon, Taluka Shevgaon, District Ahmednagar. .. Respondents Shri N. K. Kakade, Advocate for the Petitioners. Shri K. G. Patil, A. G. P. for the respondent No. 1 to 4, 6 and 7. Shri P. G. Rodge, Advocate for the Respondents No. 4 and 5. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 28TH JULY, 2009. ORAL ORDER [ Per B. R. Gavai, J.] : 1. The limited grievance raised in the present petition is that 4 though the lands of the petitioners have been submerged in the Jayakwadi project, the lands are neither acquired, nor compensation is paid. 2. It is the contention of the petitioners that, their lands were acquired for Jayakwadi Project, however the proceedings under the Land Acquisition Act were initiated and completed pertaining to a part of the land belonging to the petitioners. It is submitted that, though remaining lands were also acquired no steps for acquisition and paying compensation were initiated by the respondents. 3. An affidavit has been filed on behalf of respondents No. 4 and 5 submitting therein that, respondents are willing to carry out the survey in that regard and it has further been submitted that in case it is found that the lands of the petitioners are submerged and for that common proposal for acquisition of land of the petitioners has been initiated, and additional proposal for acquisition of the remaining submerged land would be submitted to the appropriate authority. 4. In that view of the matter, we are inclined to dispose of the petition with the following directions : 1) The respondent Nos. 4 and 5 shall carry the survey and investigation for the purpose of determining as to how much area of the petitioners has been submerged in the Jayakwadi project and for which no proceedings vide Land Acquisition Act have been initiated. 2) Said exercise shall be completed within three months 5 from today. 3) On completion of survey and investigation as directed, the proposal would be sent by the respondent Nos. 4 and 5 to the respondent Nos. 2 and 3 for acquisition of the land if found to be submerged and for which no land acquisition proceedings are initiated. 4) After receipt of the proposal if any, respondent Nos. 2 and 3 shall complete the acquisition proceeding within a period of eighteen (18) months from the date of the receipt of the proposal from the respondent Nos. 4 and 5. 5) Needless to state that if petitioners are found to be entitled to the payment of compensation, it would on the basis of market rate on the date of issuance of the notification under Section 4 of the Land Acquisition Act. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/July 09