Bombay High Court
Babaso Gangaram Dorge And Ors vs Union Of India, Through Ministry ... on 16 August, 2017
Bench: A.S. Oka
902-WP-4748-14.doc
Sharayu
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4748 OF 2014
Babaso Gangaram Dorge & Ors. ...Petitioners
Versus
Union of India & Ors. ...Respondents
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Mr. Ashok B. Tajane, for the Petitioners.
Mr. Advait M. Sethna & Mr. A.R. Varma, for the Respondent
No.1.
Mr. A.B. Vagyani, GP, a/w Mr. Manish M. Pabale, AGP, Mr. R.S.
Sawant, Asst.G.P. & Ms. G.R. Golatkar, Asst.G.P., for
Respondents No. 3 to 6 & 8.
Mr. Rakesh Singh, for Respondent No. 7.
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CORAM : ABHAY S. OKA & AND
RIYAZ I. CHAGLA, JJ.
DATE : 16 August 2017
ORDER :
1. In terms of the order passed by this Court on 28
April 2017, the Deputy Collector (Land Acquisition) No. 17,
Pune had submitted a Report and a Chart accompanying the
Report. The said Chart has 24 columns. It is not in dispute
902-WP-4748-14.doc
between the Petitioners, the State Government and National
Highway Authority that areas mentioned in column No. 23 of
the Chart are the areas which are mentioned in the declarations
issued under Sub-section 1 of Section 3D of the National
Highways Act, 1956 (for short "the said Act"). The learned
Government Pleader on instructions stated that though the
compensation is not fixed in accordance with Section 3G of the
said Act in respect of areas mentioned in Column No. 23, the
said areas have not been actually demarcated on the site. The
learned Counsel appearing for the National Highways Authority
on instructions states that in principle, the said Authority has no
objection, if the areas mentioned in Column No. 23 of the Chart
are ordered to be deleted from the declarations under Sub-
section 1 of Section 3D.
2. In view of the aforesaid statements made by the
learned Counsel for the parties, it will be appropriate, if the
areas mentioned in Column No. 23 are actually demarcated in
presence of the parties, so that the final order can be passed by
902-WP-4748-14.doc
this Court.
3. We direct the Deputy Superintendent of Land
Records, Daund to actually demarcate the areas mentioned in
Column No. 23 of the Chart annexed to the Report dated 30
June 2017. The Report and the Chart are marked as Exh.R1
(Colly.) for identification. The Deputy Collector (Land
Acquisition) No. 17, Pune shall forward a copy of the Report
and Chart to the Deputy Superintendent of Land Records,
Daund.
4. The Deputy Superintendent of Land Records, Daund
shall fix a date or dates for demarcation of the lands specified in
Column No. 23 of the Chart. Notice of the day and time fixed for
demarcation shall be served to the Project Director, National
Highways Authority of India, having his office at BAIF Bhavan
Campus, Dr. Manibhai Desai Nagar, Warje, Pune. The learned
Counsel for the Petitioners on instructions states that on behalf
of the Petitioners notice be served to the Petitioner No. 16. We
902-WP-4748-14.doc
accept the said statement. Accordingly, notice of the Petitioners
shall be served by the Deputy Superintendent of the Land
Records, Daund only to the Petitioner No. 16. Needless to add
that the notice shall also be served to the Deputy Collector
(Land Acquisition) No. 17, Pune.
5. The work of demarcation shall be completed within
a period of one month from today.
6. Place the Petition High on Board on 28 September
2017 for "Disposal".
7. The Deputy Superintendent of Land Records, Daund
shall submit a Report on or before the next date.
8. The Deputy Superintendent of Land Records shall
furnish a copy of the Report to the Petitioner No. 16 as well as
the Project Director of National Highway Authority of India.
[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.]
