1 wp699-09.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.699/2009 Laxman Baliram Surwase & Ors. .. petitioner Versus The State of Maha. & Ors. ... Respondents .... Mr.A.VPatil h/f Mr.V.D.Gunale,Adv.for petitioners. Mr.K.G.Patil,AGP for respondent-State. ... CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ. DATE : 17TH OCTOBER ,2011 PER COURT 1] Heard. 2] The petitioners claim rental compensation in respect of their lands which were acquired under notification issued under Section 4 of the Land Acquisition Act, 1894 on 31/1/1991. According to the petitioners, possession 2 wp699-09.odt of subject lands was taken by the respondent on 24/11/1986. The award was passed by the S.L.A.O. on 6/10/92. The application for reference under Section 18 of the Land Acquisition Act, was made and in the proceedings of land acquisition reference, award was passed on 22/8/2003. 3] The learned counsel appearing for petitioners submits that the petitioners received rental compensation on the basis of award passed by the S.L.A.O. but on the basis of award passed by Reference Court, the benefits have not bee conferred. 4] Shri K.G.Patil, A.G.P. submits that in case the petitioners file appropriate application in this regard, the authority concerned would pass appropriate orders on the said application. The learned A.G.P. submits that the respondents 3 and 4 who represent acquiring body are absent inspite of service of notice on them. 5] In case the petitioners file appropriate application for claiming rental compensation on the basis of award passed by Reference Court within four weeks from today, the respondent no.2 shall deal with the application in accordance with record. The State shall pass appropriate orders on them considering the award passed by Civil Judge, Senior Division, Ahmedpur camp at Udgir vide judgment and order dated 22/8/2003 in Land Acquisition Reference Nos. 2173, 21723, 2174, 2175, 2178, 2176 and 2177 of 2001, as 3 wp699-09.odt expeditiously as possible. 6] The higher officer of the concerned department shall call explanation from the Executive Engineer, respondent no.3 and the Deputy Engineer, respondent no.4 as to why inspite of service of notice, they did not appear before this Court. Writ Petition is disposed of. Authenticated copy be supplied to learned A.G.P. to communicate to the concerned Secretary of State. (T.V.NALAWADE, J.) (NARESH H. PATIL,J.) umg/wp699-09