Smt. Swati Sunil Punde vs The Competent Authority And Anr
2022 Latest Caselaw 1953 Bom

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                                                                              7 - WP 3515 OF 2021.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed by
KANCHAN
VINOD
          KANCHAN VINOD
          MAYEKAR
          Date: 2022.02.26
                                         CIVIL APPELLATE JURISDICTION
MAYEKAR   17:26:34 +0530



                                         WRIT PETITION NO. 3515 OF 2021

                       Swati Sunil Punde                                  ..... Petitioner
                             VERSUS
                       The Competent Authority,
                       Land Acquisition and Sub-Divisional Officer,
                       Malshiras Division, Malshiras & Ors.               ..... Respondents

                       Mr. Surel S.Shah, a/w. Mr.Rahul Kasbekar for the Petitioner.

                       Mr.P.S.Dani, Senior Advocate, i/b. Ms. Manisha A.Devkar for the
                       Respondent Nos. 2 and 3.

                       Mr.Rajan S.Pawar, A.G.P. for the State - Respondent Nos. 1 and 4.
                                                 CORAM : R.D. DHANUKA &
                                                             S.M.MODAK, JJ.

DATE : 25TH FEBRUARY, 2022.

P.C:-

Rule. Mr.Pawar, learned A.G.P. waives service for the

respondent nos. 1 and 4. Mr.Dani, senior counsel waives service for

the respondent nos. 2 and 3. By consent of parties, writ petition is

heard finally.

2. By this petition filed under Article 226 of the Constitution of

India, the petitioner seeks writ of certiorari for quashing and setting

aside the impugned judgment and order dated 12 th July, 2021 by KVM

7 - WP 3515 OF 2021.doc rejecting the application filed by the petitioner referring the dispute to

the Civil Court and for other reliefs.

3. Mr.Dani, learned senior counsel for the respondent nos. 2 and 3

invited our attention to the averments made in paragraph (6) of the

affidavit in reply dated 15th December, 2021 filed in this petition and

would submit that insofar as land bearing Gat No. 1081/2/B is

concerned, his clients would though accept the compensation in respect

of the said land in addition to the other lands mentioned in the said

paragraph, the compensation relating to the said land in respect of GAT

No.1081/2/B will deposit the said amount in the fixed deposit of the

nationalized bank for a period of six months from the date of such

fixed deposit. Statement is accepted.

4. Mr.Shah, learned counsel for the petitioner states that except plot

bearing Gat no. 1081/2/B admeasuring 1 hector, 63R, the petitioner has

no claim in respect of the other lands mentioned in paragraph (6).

statement is accepted.

5. If the amount of compensation is already disbursed by the State

Government in favour of the respondent nos. 2 and 3 in respect of the KVM

7 - WP 3515 OF 2021.doc lands described in paragraph (6) of the affidavit in reply, the respondent

nos. 2 and 3 are allowed to receive such compensation in respect of all

the lands mentioned therein subject to the respondent nos. 2 and 3

depositing the compensation in respect of the land bearing no.1081/2/B

in the fixed deposit as directed in the earlier paragraph at this stage.

6. It is made clear that Ex.5 application already filed by the

petitioner before the learned Civil Judge, Junior Division, Malshiras in

Regular Civil Suit No. 946 of 2020 shall be decided by the learned

Civil Judge, Junior Division within a period of four months from the

date of communication of this order. Both the parties have agreed not

to apply for any unnecessary adjournment before the learned Civil

Judge, Junior Division and co-operate with the learned Civil Judge,

Junior Division and with each other in disposing of the interim

application (Ex.5) within a period specified in this order.

7. Insofar as the deposit of the amount in the fixed deposit is

concerned, the learned Civil Judge, Junior Division shall pass an

appropriate order also in respect of the said fixed deposit depending

upon the order that would be passed under application under Ex.5. It is KVM

7 - WP 3515 OF 2021.doc made clear that no views in respect of the said compensation relating to

the Gat No. 1081/2/B are expressed by this Court. All contentions of

both the parties are kept open.

8. Ad-interim relief granted by this Court stands modified by this

order.

9. Writ petition is disposed of in the aforesaid terms. No order as

to costs.

10. The respondent no.2 agrees to file an undertaking in line with the

statement made before this Court before the Trial Court within one

week from today and shall serve a copy thereof upon the plaintiff's

advocate simultaneously. If any application for amendment of the

plaint is made by the petitioner herein before the learned Trial Judge,

the said application shall be considered on its own merits. The Trial

Court to decide the suit without being influenced by the observations

made in the impugned order. Rule is made absolute accordingly. No

order as to costs.

[S.M.MODAK, J.]                                [R.D.DHANUKA, J.]