Bombay High Court
Meena Wd/O Milind Kale Nagpur & ... vs The State Of Mah. Mumbai & Others on 21 September, 2017
Bench: Ravi K. Deshpande
1 wp1189.odt
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition NO. 1189
OF 20
02
PETITIONER: Keshaorao Narayanrao Kale,
At post: Air-Port, Shiwangaon, Tahsil
and District: Nagpur-5.
Legal heirs of 1 Milind s/o Keshaoraoji Kale (deceased)
the petitioner Through his legal heirs.
Amendment carried a) Meena wd/o Milind Kale,
out as per Court's Aged 35 years, Occ: Household.
order dated
28/2/2011
b) Loukik s/o Milind Kale,
Aged 18 years, Occupation:Student.
c) Prayush s/o Milind Kale,
Aged 15 years, Occupation:Student.
2 Suresh s/o Keshaoraoji Kale,
Aged 45 years, Occ: Business.
3 Ramesh s/o Keshaoraoji Kale,
Aged 42 years, Occu: Service.
All above residents of Shiongaon, Near
H.B. Pura, Post Vimantal, Dist. Nagpur.
4 Sheela w/o Suresh Patil,
Aged about 46 years, Occ: Household,
R/o Panjari, Khapari Naka, Tah. Hingna,
Dist. Nagpur.
5 Ranjana Jivane,
Aged 42 years, Occ: Household,
R/o Kazisheth Chaal, Kurla, Mumbai.
::: Uploaded on - 28/09/2017 ::: Downloaded on - 29/09/2017 00:49:09 :::
2 wp1189.odt
6 Surekha w/o Siddharth Nagrare,
Aged 40 years, Occ: Housewife, R/o
Borgaon, Gorewada Tank Road, Nagpur.
Applicant Nos. 4-6 are Daughters of
Petitioner-Keshaorao Narayanrao Kale.
-VERSUS-
RESPONDENT S
: 1. The State of Maharashtra through its'
Urban Development Department
Mantralaya, Mumbai-32.
2. Nagpur Improvement Trust,
Through its' Chairman, Station Road,
Nagpur.
3 The Special Land Acquisition Officer,
Nagpur Improvement Trust, Nagpur.
Amendment 4 The Additional Land Acquisition Officer,
carried out as per Pench Project, Nagpur.
Court's order
Dt. 6.4.2011
5 Maharashtra Airport Development
Corporation through its Managing
Director, MIHAN, Nagpur.
Shri Anand Parchure, Advocate for Petitioner.
Shri R.O. Chhabra and Shri G.S. Kunte, Advocates for
Respondent No.2. (Nagpur Improvement Trust)
Shri C.A. Lokhande, A.G.P. for Respondent No.1 & 3
Coram: R.K.Deshpande and Manish Pitale, JJ
Dated: 21
st
September , 201
7
.
3 wp1189.odt
Oral Judgment (Per R.K.Deshpande, J)
Heard the learned counsel appearing for the
parties.
1] The learned counsel for the Respondent No.2-
Nagpur Improvement Trust concedes to the position that the
controversy involved in this case is covered by the decision of
this Court delivered on 11.8.2017 in Writ Petition No.
2002/2000 in the case of Baburao Kashinath Sarkatkar and
others -Vs- State of Maharashtra and others. In the said
decision, we have directed to release Land Survey Nos. 155
and 156 from Shivangaon and Jaytala Street Scheme as per
the decision of the State Government under Section 48 (2) of
the Land Acquisition Act, 1894 contained in the Government
Resolution dated 01/11/1995. The petitioners, therein are
held entitled to compensation of Rs. 41,078,90/- for
acquisition of land Survey Nos. 153 and 154, area 0.47 H.R.
They are also held entitled to withdraw the said amount of
compensation alongwith interest and all other benefits, as per
the provisions of the Land Acquisition Act, 1894.
4 wp1189.odt
2] In the present matter, the controversy relates to
the acquisition of Survey Nos. 202 and 203 owned by the
petitioners, which are the subject matter of acquisition.
3] The learned counsel for the Respondent No.2-
Nagpur Improvement Trust could not point out either
memorandum or panchanama for taking over possession of
the lands in question, signed by the two independent panch
witnesses. In view of this, it cannot be said that the acquiring
body took over the possession of the lands in question, on
05/05/1984. Consequently, the petitioners shall be entitled to
compensation deposited by the Respondent No.5-
Maharashtra Airport Development Company for acquisition of
the lands in question, for the reason stated in the decision of
this Court in Writ Petition No. 2002/2000.
4] In the result, this writ petition is allowed.
The petitioners are held entitled to compensation
for acquisition of Land Survey Nos. 202, and 203 by the
respondent No.5- Maharashtra Airport Development
5 wp1189.odt
Company alongwith interest and all other statutory benefits
available under the provisions of the Land Acquisition
Act,1894.
5] Rule is made absolute in these terms. No order as
to cost.
Later on
6] At the request of Shri Kunte, the learned counsel
appearing for the Respondent No.2-Nagpur Improvement
Trust, we suspend the operation of this judgment for a period
of four weeks from today. The order shall stand vacated
automatically after a period of four weeks and the petitioner
shall be entitled to withdraw the amount deposited by the
Respondent No.5- Maharashtra Airport Development
Company.
7] Put up this matter after four weeks.
JUDGE JUDGE
nandurkar
