skc 1 wp-7635-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7635 OF 2011 Vithoba Raghu Matale & Ors. ..Petitioners versus Ramdas Vishnu Matale & Ors. ..Respondents Mr. S. M. Gorwadkar for Petitioners. Mr. S. M. Oak with Mr. Sagar Joshi for Respondent Nos. 1 and 2. Mr. Amit Borkar for Respondent No. 5. Mr. Vilas Tapkir for Respondent No. 8. Mr. V. S. Gokhale - Assistant Government Pleader for Respondent Nos. 11 and 12. CORAM : S. A. BOBDE AND SMT. V. K. TAHILRAMANI, JJ. DATE : DECEMBER 09, 2011 P.C. : Rule, returnable forthwith. Learned counsel waives service for the respective respondents. Heard finally by consent of parties. 2. The petitioners have disputed the proportion in which the compensation has been disbursed amongst the members of the petitioners family. The other members of the family are respondents to the petition. The skc 2 wp-7635-11 compensation has been disbursed by the order of the land acquisition officer dated 26.8.2011. 3. Learned counsel for the petitioners has rightly relied on section 35 of the Maharashtra Industrial Development Act, 1961, which reads as follows: “When the amount of compensation has been settled under section 33, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute for the decision of the Court.” This section is in pari materia with section 30 of the Land Acquisition Act wherein disputes to apportionment are decided. Without going into the merits of the case, in the circumstances of the case we consider it appropriate to direct the petitioners to make an application setting out the facts of the case and pray that the reference be made under section 35 of the Maharashtra Industrial Development Act to a court. The Collector shall consider the application and after hearing the respondents pass appropriate orders in accordance with law. The impugned order which has not been passed under Section 35 is accordingly set aside. skc 3 wp-7635-11 4. Rule is made absolute in above terms. (S. A. BOBDE, J.) (SMT. V. K. TAHILRAMANI, J.)