1 WP 348,353,405.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 348 OF 2011 Vinayak S/o Eknath Bagal .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. S.S.Thombre, Advocate for the petitioner. Mr. S.K.Kadam, Asstt. Govt. Pleader for State. Mr. S.B.Bhosale, Advocate for Resp. Nos. 4 & 5. WITH WRIT PETITION NO. 353 OF 2011 Bhausaheb S/o Laxman Dhadge .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. S.S.Thombre, Advocate for the petitioner. Mr. S.K.Kadam, Asstt. Govt. Pleader for State. Mr. S.B.Bhosale, Advocate for Resp. Nos. 4 & 5. WITH WRIT PETITION NO. 405 OF 2011 Narayan S/o Bajirao Ithar .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS 2 WP 348,353,405.2011 Mr. S.S.Thombre, Advocate for the petitioner. Mr. S.K.Kadam, Asstt. Govt. Pleader for State. Mr. S.B.Bhosale, Advocate for Resp. Nos. 4 & 5. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 10/02/2011 PER COURT : 1. Heard. 2. The petitioners entered into an agreement with the M.I.D.C., whereby their lands were acquired for additional Shendra 5 Star Industrial Area at village Ladgaon, Tq. & Dist. Aurangabad. Under the said agreement, according to the petitioners, they are entitled to get separate compensation for tress, well and other structure. The Award was passed in the year 2010. The petitioners’ grievance is that the respondents did not determine the amount of compensation in respect of trees, well and other structure as enumerated in the agreement. Hence, the present petitions. 3. The respondent nos. 2 and 3 filed affidavit in reply. In paragraph no. 3, the deponent contends : “3. The deponent further say and submit that a reference was made to the Government 3 WP 348,353,405.2011 in this respect and after due deliberation, it was decided that the decision rendered by the Hon’ble Supreme Court were under the provisions of Land Acquisition Act, 1894 and the lands of the present cases are acquired under the Maharashtra Industrial Development Act, 1961 and therefore, the Government on reference of M.I.D.C. have decided to pay the price towards the trees. The demand of the said amount is placed before the Government against the amount of acquired trees of the petitioner and other similarly situated agriculturists. The Government has decided to grant compensation for the trees and amount will be released shortly. As soon as the principal amount is received/released by the Government, the same will be distributed/paid to the petitioner ”. 4. The learned counsel for the respective parties state that in light of the reply filed, it is now clear that the Government has decided to pay 4 WP 348,353,405.2011 compensation for tress. It is expected that the respondents would disburse the amount to the claimants as expeditiously as possible. 5. In light of the reply filed, the Writ Petitions are disposed of. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 348,353,405.2011