1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3449 of 2010 1] Syed Taimur Syad Nabi And Ors Age : 54 Sex : Male Karegaon Tq Patoda Dist Beed Beed 2] Sayad Shakil Sayad Taimur Age : 31 Sex : Male Karegaon Tq Patoda Dist Beed 3] Sayed Khalil Sayad Taimur Age : 28 Sex : Male Karegaon Tq Patoda Dist Beed 4] Sayad Kaisar Sayad Taimur Age : 26 Sex : Male Karegaon Tq Patoda Dist Beed 5] Sayad Afsar Sayad Taimur Age : 23 Sex : Male Karegaon Tq Patoda Dist Beed 6] Sayad Karim Sayad Ali Age : 35 Sex : Male Karegaon Tq Patoda Dist Beed 7] Sayad Dagadu S. Gulab Age : 57 Sex : Male Karegaon Tq Patoda Dist Beed 8] Sayed Shafik S. Gulab(died) Lrs Sayad Bilal Sayad Shafik Age : 32 Sex : Male Karegaon Tq Patoda Dist Beed 9] Sayed Salim Imam Age : 38 Sex : Male Karegaon Tq Patoda Dist Beed 10] Sayed Amir Imam Age : 55 Sex : Male Karegaon Tq Patoda Dist Beed 2 11] Sayed Adamali Amir Age : 42 Sex : Male Karegaon Tq Patoda Dist Beed 12] Sayed Javed Amir Age : 40 Sex : Male Karegaon Tq Patoda Dist Beed 13] Sayed Nahnu Amir(died) Lrs Sayad Afsar Ali Nanhu Age : 42 Sex : Male Karegaon Tq Patoda Dist Beed 14] Sayed Yunus Sayed Riyasat Age : 43 Sex : Male Karegaon Tq Patoda Dist Beed 15] Sayed Vald Maheboob S. Husen Age : 47 Sex : Male Karegaon Tq Patoda Dist Beed 16] Sayed Shiraj Vald S. Syed Age : 41 Sex : Male Karegaon Tq Patoda Dist Beed 17] Sayed Gayasuddin Aminuddin Age : 60 Sex : Male Karegaon Tq Patoda Dist Beed 18] Sayed Shahabuddin Sayad Amiroddin Age : 57 Sex : Male Karegaon Tq Patoda Dist Beed 19] Sayed Kamiroddin S/ Aminoddin Age : 54 Sex : Male Karegaon Tq Patoda Dist Beed 20] Sayed Rauf S. Gayasuddin Age : 30 Sex : Male Karegaon Tq Patoda Dist Beed 21] Sayed Aarif Gayasudin Age : 27 Sex : Male Karegaon Tq Patoda Dist Beed 22] Sayed Moinuddin S. Nabi 3 Age : 50 Sex : Male Karegaon Tq Patoda Dist Beed 23] Sayed Wahed Mehboob Age : 41 Sex : Male Karegaon Tq Patoda Dist Beed 24] Sayad Shirif S. Mehboob Age : 57 Sex : Male Karegaon Tq Patoda Dist Beed 25] Sayad Javed Hasan Age : 20 Sex : Male Karegaon Tq Patoda Dist Beed 26] Sayed Barkat Hasan Age : 19 Sex : Male Karegaon Tq Patoda Dist Beed 27] Sayyad Mohammad Sayyad Yaseen Age : 57 Sex : Female Karegaon Tq Patoda Dist Beed 28] Sayad Hasham Abdul Kadar Age : 40 Sex : Male Karegaon Tq Patoda Dist Beed 29] Abeda Begum Sayad Yusuf Age : 35 Sex : Female Karegaon Tq Patoda Dist Beed 30] Sayeed Alimuddin Mainuddin Age : 26 Sex : Male Karegaon Tq Patoda Dist Beed 31] Sayad Biban Ahemad Age : 30 Sex : Male Karegaon Tq Patoda Dist Beed 32] Sayab Biban Ahemad Age : 30 Sex : Male Karegaon Tq Patoda Dist Beed 33] Sayyad Shahamad Sayyad Yaseen Age : 55 Sex : Male Karegaon Tq Patoda Dist Beed 4 34] Sayad Ahmed Sayyed Yaseen Age : 53 Sex : Male Karegaon Tq Patoda Dist Beed Vs 1] The State Of Maharashtra through its Secretary, Rural Development Department, Mantralaya, Mumbai. 2] The Special Land Acquisition Officer Minor Irrigation Department Beed 3] The Executive Engineer , Minor Irrigation (L.S.) Local Sector Beed Dist. Beed. Mr. V.M. Humbe, Advocate for the petitioners.. Mr. K.G. Patil, AGP for the respondent Nos. 1 and 2. CORAM : B.R. GAVAI & R.M. BORDE, JJ.. DATE : 21st December, 2010. ORAL JUDGMENT [PER R.M. BORDE, J.]: 1] Rule. Rule made returnable forthwith. Heard finally by consent. 5 2] The petitioners are seeking a direction to the respondents in respect of the decision on the claim raised by the petitioner in respect of the rental compensation. The land belonging to the petitioners has been acquired for a public purpose. It is sated that the possession of the land was taken over by the acquiring body on 10/3/1996 after holding negotiations and the award came to be passed on observing the procedure prescribed under the Land Acquisition Act on 29.1.1999. It is the contention of the petitioners that as the land in question has been taken in possession by the acquiring body prior to the declaration of the award, the petitioners are entitled to receive rental compensation in view of the Govt. Resolution dated 2nd April, 1979 and 24/3/1988. The application alongwith the record was presented to the Acquiring Body on 14/12/2009. However, the acquiring body has not paid any attention to the request made by the petitioners and as such, they have approached this court, seeking directions to the acquiring body to take decision in pursuance to the application presented by them and to pay the rental compensation alongwith interest. 3] This court, on 8/6/2010, directed issuance of notices to the respondents. However, in spite of service of notice on respondent No.3, none appears for the concerned respondent. Considering the facts and circumstances of the case, it would be appropriate to issue directions to the acquiring body to decide the application tendered by the petitioners for payment of rental compensation alongwith interest, within a specified period. 4] The respondent No.3, acquiring body is, therefore, directed to decide the application tendered by the petitioner on 14/12/2009 in respect of payment of rental compensation within a period of six weeks from today and if the petitioners are found 6 entitled to receive rental compensation in accordance with the Government policy, the amount shall be disbursed in their favour, together with interest, within a period of six weeks thereafter. Rule made absolute in above terms. In the circumstances, there shall be no orders as to costs. [R.M. BORDE,J] [B.R. GAVAI,J.] grt/wp