1 W.P. No.2896 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.2896 Of 2010 * Bhaskar Kachru Salunke ) Age 57 years, ) Occupation : agriculture, ) R/o Nimgondgaon, ) Taluka Vaijapur, ) District Aurangabad. ) .. Petitioner. Versus 1) The State of Maharashtra ) Through Secretary, ) Public Works Department, ) Mantralaya, Mumbai – 32. ) ) 2) The Collector, ) Collector Office Aurangabad. ) ) 3) The Dy. Collector (E.G.S.) ) Collector office, Aurangabad. ) ) 4) The Special Land Acquisition ) Officer, Krushna Khore Vikas ) Mahamandal, Collector Office, ) Aurangabad. ) ) 5) Executive Engineer, ) Minor Irrigation (Local Sector) ) Aurangabad. ) .. Respondents. -------- Shri. N.J. Pahune-Patil , Advocate for petitioner. Shri. K.G. Patil, Assistant Government Pleader, for respondent Nos.1 to 5. -------- 2 W.P. No.2896 of 2010 CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 28 SEPTEMBER 2011 ORAL JUDGMENT (Per Naresh H Patil, J.) : 1) Heard. 2) Rule, rule made returnable forthwith and by consent of the counsel for the parties taken up for final hearing. 3) The petitioner is praying for payment of rental compensation under the State Government's policy. Affidavit-in-reply was filed on behalf of respondent No.5 through Shivaji Madhavrao Borole, Executive Engineer, M.I. (L.S.) Division Aurangabad. In para 5 of the reply the deponent contends: "5. I say and submit that, the proposal of the petitioner for payment of rental compensation is decided by the office of this deponent and accordingly, the rental compensation is calculated and the same is forwarded for sanctioning the grant to Higher Authority and it will take sometime. Copy of proposal dt.13.7.2010 alongwith statement of rental compensation is annexed herewith and marked as Exh.R-1. I say that the said payment of 3 W.P. No.2896 of 2010 rental compensation is calculated by the office of this deponent will be paid to the petitioner within a period of 6 months from today." 4) In spite of affidavit-in-reply filed, learned counsel for the petitioner submits that payment of rental compensation has not been made. The land holder, whose land was acquired, had to approach this Court by filing writ petition for claiming rental compensation, which is a part of the State policy. 5) We direct respondent Nos.1 and 5 to pay the rental compensation in accordance with the policy of the State and the record within (8) weeks from the date of receipt of the order. 6) Rule is made absolute in the above terms. No order as to costs. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl