Baba Fatubhai Mulani Deceased ... vs The Special Land Acquisition ...

Citation : 2021 Latest Caselaw 14507 Bom
Judgement Date : 5 October, 2021

Bombay High Court
Baba Fatubhai Mulani Deceased ... vs The Special Land Acquisition ... on 5 October, 2021
Bench: G. S. Kulkarni
         Digitally signed
         by VIDYA
VIDYA    SURESH AMIN
SURESH   Date:
         2021.10.06
AMIN     12:49:16
         +0530




                                                                                             13.WP10081_2009.doc

                            Vidya Amin

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION

                                                   WRIT PETITION NO. 10081 OF 2009

                                     Rau Nan Salunkhe (Deceased), through LRs.
                                     Jagannath Rau Salunkhe & Ors.                      ...   Petitioners
                                          vs.
                                     The Special Land Acquisition Officer No. 6,
                                     Pune & Ors.                                         ... Respondents

                                                               WITH
                                                   WRIT PETITION NO. 10082 OF 2009

                                     Gorakhnath Baburao Gutal                           ...   Petitioner
                                          vs.
                                     The Special Land Acquisition Officer No. 6,
                                     Pune & Ors.                                         ... Respondents

                                                               WITH
                                                   WRIT PETITION NO. 10083 OF 2009

                                     Baba Fatubhai Mulani (Decd.) through LRs.
                                     Chandulal Babu Mulani (Decd.) through
                                     Peermohammed Chandulal Mulani & Ors.               ...   Petitioners
                                          vs.
                                     The Special Land Acquisition Officer No. 6,
                                     Pune & Ors.                                         ... Respondents

                                                               WITH
                                                   WRIT PETITION NO. 10084 OF 2009

                                     Vasant Dhondopant Ajotikar (Decd.) through
                                     LRs Anil Vasantrao Ajotikar & Anr.                 ...   Petitioners
                                          vs.
                                     The Special Land Acquisition Officer No. 6,
                                     Pune & Ors.                                         ... Respondents

                                     Mr. Gaurav Potnis i/b. Ms. Pallavi H. Potnis for the petitioners.
                                     Mr. A.P. Vanarase, AGP for the State.

                                                       CORAM :- G. S. KULKARNI, J.

DATE :- OCTOBER 5, 2021 Page 1 of 2

13.WP10081_2009.doc PC :-

1. The challenge in these writ petitions is to an order passed by the Collector rejecting the petitioners' applications filed under section 28A(1) of the Land Acquisition Act, 1894.

2. Mr. Potnis, learned counsel for the petitioners has contended that the issues as raised in these petitions are squarely covered by a decision dated 14 September, 2021 rendered by this Court on a batch of petitions in Sambhaji Vikram Gutal vs. The Special Land Acquisition Officer, Pune & Ors. (Writ Petition No. 6747 of 2009) & other connected matters. Mr. Vanarase, learned AGP has also not disputed such position and is agreeable that these petitions be disposed of in terms of the said judgment.

3. Accordingly, these Writ Petitions are disposed of in terms of the judgment of this Court in Sambhaji Vikram Gutal (supra). The petitioners hence would be entitled to the benefit of the operative order passed by this Court and more particularly as contained in paragraph 27(i) to (v) of the said judgment.

4. Writ Petitions are allowed in the above terms. No costs.

(G. S. KULKARNI, J.) Page 2 of 2