Sanjay Nathu Gawade And Ors vs State Of Maharashtra Thr. ...
2021 Latest Caselaw 13878 Bom

                                                                           6-cwp-2312--21.doc
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DINESH
         DINESH
         SADANAND            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SADANAND SHERLA
SHERLA   Date:                       CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 2312 OF 2021
         2021.10.12
         10:54:46
         +0500


                      Sanjay N. Gawade & ors.                            ... Petitioners.
                           V/s.
                      State of Maharashtra and ors.                      ... Respondents.

                                                 ----------------
                      Ms Shakuntala S. Wadekar for the Petitioners.
                      Mr. A.I.E. Patel, AGP for the Respondents - State.
                                                 ----------------

                                      CORAM      :      PRASANNA B. VARALE &
                                                        N.R. BORKAR, JJ.

                                      DATE       :      27.09.2021.

                      P.C.

                      1]        Heard the learned counsel for the petitioners and the

learned AGP for the respondents - State.

2] The petitioners are the owners of lands bearing Gat

No.123, Gat No.103/2, Gat Nos.356, 357,358,142, Gat

No.10/2, Gat No.63, Gat No.319/2, Gat No.138, Gat No.24/2,

Gat No.291 and Gat Nos.25, and 50B situated at village

Dhanore, Taluka Khed, Dist. Pune.

3] The claim of the petitioners is that lands belonging to

them are situated in the benefted zone of Bhama Ashkhed

Dam and as such proceedings for acquisition were initiated

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and award has been passed. The grievance of the petitioners

is that though the award has been passed in the year 2004

neither the compensation is paid nor the possession is taken.

The submission is in view of section 24(2) of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act 2013, the proceedings

for acquisition deemed to have lapsed.

4] It is submitted that certain similarly circumstance land

owners have approached this court by fling writ petitions and

this court allowed their writ petitions. The learned counsel for

the petitioners invited our attention to the judgement passed

in those writ petitions, i.e., Writ Petition Nos. 1117 of 2018

and 261 of 2019.

5] Considering the submissions of learned counsel for the

petitioners and after going through the judgment of this court

in Writ Petition Nos. 1117 of 2018 and 261 of 2019, we are of

the opinion that the counsel was justifed in making

submissions that the petitioners are similarly circumstance

with those petitioners, in whose favour the orders are passed.

In view of this, we see no reason to take a diferent view than

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the view taken by the Division Bench of this court in the

petitions as referred above. Accordingly, we direct respondent

No.2- Collector, Pune to direct his concerned ofcers to delete

entries of reservation for the Project Afected Persons from

the other rights column of 7/12 extract of the lands owned by

the petitioners, as early as possible and in any case within a

period of six weeks from the date of receipt of copy of this

order. It is further made clear that this order shall not in

anyway preclude the State Government form acquiring the

subject lands in future for rehabilitation of Project Afected

Persons, in accordance with law.

6] Writ Petition stands disposed of accordingly.

      (N.R. BORKAR, J.)        (PRASANNA B. VARALE, J.)




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