1 W.P.No.1152.08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1152 OF 2008 1. Hanumantrao S/o Shridharrao Deshpande, Age 67 years,Occupation Agriculture, R/o Tawasitad,Tal.Ausa, District Latur (Deceased through L.Rs. 1-A. Anandraj Hanumantrao Deshpande, Age 48 years,Occupation Agriculture, R/o Tawasitad Tq.Ausa,District Latur. ..PETITIONER. VERSUS 1. The State of Maharashtra, Through Secretary, General Administration Dept. Mantralaya,Mumbai. 2. The Collector,Osmanabad, District Osmanabad. 3. Zilla Parishad Osmanabad, Through its Chief Executive Officer,Zilla Parishad, Osmanabad. 4. Executive Engineer, Zilla Parishad (Works) Osmanabad. ...RESPONDENTS. ... Shri.A.B.Kale, Advocate for Petitioner. Smt. Y.M.Kshirsagar, A.G.P.for Respondents No.1 and 2. Shri K.J.Ghute Patil,Advocate for respondents No.3 and 4. ... 2 W.P.No.1152.08 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 29TH JULY, 2010. ORAL JUDGMENT :( PER : NARESH H.PATIL, J.) 1. Rule. Rule made returnable forthwith. With consent of the learned Counsel of the parties, matter is heard and finally decided at the stage of admission. 2. It is contended that the petitioner's land was utilised for construction of road in the year 1985, without following procedure as established in law. Admittedly, the petitioner's land was acquired for public purpose. Therefore, the petitioner filed Special Civil Suit No. 17 of 1986 for injunction against the State of Maharashtra and Zilla Parishad, Osmanabad. The learned Civil Judge Senior Division, Osmanabad, by its Judgment and order dated 31st July, 1996 partly decreed the suit and the respondents-Ori. defendants were directed to pay damages along with compensation as 3 W.P.No.1152.08 per the provisions of Land Acquisition Act. 3. The respondents i.e. Chief Executive Officer and Executive Engineer filed Misc. Civil Application No. 125 of 2003 for condonation of delay, as there was delay in preferring Appeal against the Judgment and Order passed by the Civil Judge Senior Division, Osmanabad in Special Civil Suit No.17 of 1986. The Ad-hoc District Judge, Osmanabad, by an order dated 27.04.2007 rejected the application for condonation of delay. 4. The petitioner placed reliance on the order passed on 01/03/2007, by the Chairman of the Committee, who was entrusted to entertain the grievances of this nature. In spite of the same, the State did not initiate proceedings for acquisition of land or paid any damages to the petitioner. 5. Consequent to the notice issued by this Court, the respondents No.3 and 4 filed affidavit- 4 W.P.No.1152.08 in-reply. The respondents No.3 and 4 also filed additional affidavit-in-reply through Mr.Arun Bhagwan Shinde, Executive Engineer, Zilla Parishad, Osmanabad. In Para No.2 of the affidavit in reply deponent contends that- “2 I say that, on 30.01.2010, I have received communication from the counsel appearing for the Zilla Parishad, informing that, the petition came up for hearing on 29.01.2009. This Hon’ble High Court asked him to take instructions within how much time,the process of land acquisition will be started by Zilla Parishad. In pursuance to the communication issued, the relevant record as traced out and it is seen that the Zilla Parishad has forwarded proposal to the Collector, Osmanabad on 7.11.2001. Thereafter, on 15.11.2001, the Office of Collector, Osmanabad informed about certain discrepancies and accordingly on 13.12.2001, another communication is issued to the Collector, Osmanabad. Thereafter, again on 14.3.2002 the office of Collector informed for compliance of certain discrepancies in the proposal. It seems that, no further progress is done since there was communication in respect of proceedings to be filed in the Court.” 6. It is contended that in spite of taking 5 W.P.No.1152.08 steps, the petitioner was deprived of his right to claim compensation, though his property was utilised by the State for Public purpose. Affidavit-in-reply has been filed by the respondent No.2 through Dr.Ankush Bhanudasrao Pinate, a Special Land Acquisition Officer, who stated in para No.3 as under:- “3. I say and submit that as stated above the land record authorities has directed to conduct joint measurement and there are persuasion in the part of the office of the SLAO vide communication dated 11.2.2010, 20.3.2010, 29.3.2010, 22.04.2010, 21.05.2010 and 5.6.2010. The joint measurement report is received on 11.7.2010 and immediately thereafter notice u/s 4 of the Land Acquisition Act is issued as well as acquiring body is informed to deposit acquisition amount to the tune of Rs.75,000/-.” 7. The learned counsel appearing for the petitioner submits that time bound programme has to be issued by way of direction to the authorities to complete acquisition proceedings and the petitioner is entitled to rental compensation in accordance with Government 6 W.P.No.1152.08 Resolution. 8. Mr.Ghute Patil, learned counsel appearing for Zilla Parishad submits that Notification under section 4 of the Land Acquisition Act has already been issued on 12th July, 2010. 9. Smt.Kshirsagar, learned A.G.P. submits that the State-Authorities have demanded an amount of Rs.75,000/-(Rs. Seventy Five Thousand) from acquiring body. The learned counsel appearing for Acquiring Authority submits that within a week amount would be deposited with the State as preliminary advance. 10. The main question would be as to why this abnormal delay occurred on the part of the responsible Officers in initiating proceedings in respect of acquisition of lands, which was utilised for public purpose long back. The responsibility is required to be fastened. We find that explanation given by the responsible 7 W.P.No.1152.08 Officers by way of affidavit-in-reply, is not convincing enough to arrive at conclusion that the delay was due to some exceptional or unavoidable circumstances. The Authorities ought to have vigilant enough to the public grievances of this nature. 11. We therefore, direct the respondent Nos.1 to 4 to pass Award in respect of the subject Notification and pay amount under Award to the claimants within a period of one year, from the date of receipt of this order. 12. We direct the Collector, Osmanabad to issue appropriate instructions to the Special Land Acquisition Officers and other Officers concerned to collect data from entire District as to whether in similar situation cases are still pending for issuance of Notification Under Section 4 of the Land Acquisition Act. This is essential as public money is involved. Delayed payment and pendency of such proceeding would put additional burden on 8 W.P.No.1152.08 public exchequer. The Collector, Osmanabad to take up this issue urgently and issue appropriate instructions. In case, the Collector finds that some Officers are negligent and there is dereliction in discharge of duties, appropriate departmental action be taken in accordance with law against such officers. 13. The respondents No.3 or 4 shall pay costs of Rs.10,000/-(Rs. Ten Thousand) to the petitioner within four weeks. 14. Rule is made absolute in the above terms. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK