Baba Fatubhai Mulani Deceased ... vs The Special Land Acquisition ...
2021 Latest Caselaw 14507 Bom

         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

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.)