Smt. Kusum Wd/O Vivekanand ... vs General Manager, Western ...
2018 Latest Caselaw 383 Bom

 Judgment                                            1                                wp2777.17.odt




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                 

                          NAGPUR BENCH, NAGPUR.


                           WRIT PETITION NO. 2777 OF 2017


 Smt. Kusum Vivekanand Chawale,
 Aged about 55 years, Occupation: Private
 Medical Practitioner, R/o. Yatra Ward, 
 Warora, Tahsil : Warora, Distt.: Chandrapur.
                                                                         ....  PETITIONER.

                                      //  VERSUS //


 1. The General Manager, 
    Western Coalfields Limited, 
    Majri Area at Kuchana, 
    Tahsil : Bhadrawati, 
    District : Chandrapur. 

 2. Smt. Vimal Damodhar Chawale,
    Aged 70 years, Occ. : Nil, 
    R/o. Yekona, Tah. Warora, 
    District : Chandrapur. 
                                                   .... RESPONDENTS
                                                                     .
  ___________________________________________________________________
 Ms Kirti Satpute, Advocate for Petitioner. 
 Shri A.P. Thakre, Advocate for Respondent No.2. 
 ___________________________________________________________________

                              CORAM : Z.A.HAQ, J.

DATED : JANUARY 12, 2018.

ORAL JUDGMENT :

1. Heard.

2. RULE. Rule made returnable forthwith.

Judgment 2 wp2777.17.odt

3. The petitioner has challenged the order passed by the Special

Tribunal constituted under Section 14(2) of the Coal Bearing Areas

(Acquisition and Development) Act, 1967, rejecting the application (Exh.8)

filed by the petitioner seeking permission to participate in the proceedings.

The proceedings before the Special Tribunal are for determining the amount

of compensation receivable by the owner of the land in question. The

present respondent No.2 is party in the proceedings before the Special

Tribunal. The present petitioner is daughter-in-law of the present

respondent No.2. It is submitted that the respondent No.2 and the petitioner

have amicably worked out the matter as per the agreement is drawn on 30 th

October, 2017. It is submitted on behalf of the respondent No.2 that she has

no objection if the petitioner participates in the proceedings before the

Special Tribunal. In fact, the present petitioner and the respondent No.2

have prayed that the proceedings before the Special Tribunal can be disposed

in terms of the agreement between the parties, however, as the parties are

not present today, following order is passed:

i) The impugned order is set aside.

ii) The application (Exh.8) filed by the petitioner before the Special Tribunal is allowed.

iii) The Tribunal shall take up the matter with priority and if it is satisfied that the parties have amicably worked out the matter, it be disposed within one month from today.

  Judgment                                              3                                wp2777.17.odt




 4.               The   writ   petition   is  disposed  in   the   above   terms.     In   the

circumstances, the parties to bear their own costs.

JUDGE

RRaut..