Bombay High Court
Mr. Suryakant Tarachand ... vs State Of Maharashtra And Ors on 6 April, 2023
Bench: R.D. Dhanuka, M. M. Sathaye
2023:BHC-AS:10423-DB
WP 5569 of 2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5569 OF 2013
1. Mr. Suryakant Tarachand Bhatewara)
Age 75 years, Occupation Business, )
Residing at 68, Bhosale Nagar, )
Pune - 411007 )
2. Shri Bansilal Hirachand Chordia )
Age 70 Years, Occupation Business )
Residing At C-24, Sayyam Bungalow, )
Abhimanshri Society, Aundh, )
Pune - 411 008 )
3. Mrs. Vimal Suryakant Bhatewara )
Age 67 Years, Occupation Business )
Residing at 68, Bhosale Nagar, )
Pune - 411 007 )
4. Mrs. Kamal Nemichand Karnawat )
Age 66 Years, Occupation Housewife )
Residing at C-12B, Anand, )
Abhimanshri Society, Aundh, )
Pune - 411008 )...Petitioners
Versus
1. State of Maharashtra )
2. Collector - District Satara )
Collector Office Building, Satara )
3. Deputy Collector/Land Acquisition )
Officer No.19 )
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WP 5569 of 2013.doc
Opposite to S.T. Stand, Satara )
4. Deputy Collector, )
Phaltan Sub Division, Phaltan, )
Dist. Satara )
5. Assistant Engineer, (Grade I), )
Neera Deodhar Project )
Sub Division No. 5, Shirwal, )
Tahsil- Khandal, Dist. Satara )
6. Smt. Vimal Sampatlal Chordia )
Age: 68 Years, Occupation Housewife)
Residing At Plot No. 36, S.No. 13, )
Kohinoor Planate, Aundh, )
Pune- 411007 )...Respondents
Mr. Anil Y. Sakhare, Senior Advocate a/w. Mr. Joel Carlos i/by Mr.
Vikram Chavan, Advocate for the Petitioners.
Mrs. M.S. Bane, AGP for State,Respondent Nos.1 to 4
CORAM:- R.D. DHANUKA &
M.M. SATHAYE, JJ.
RESERVED ON 15TH FEBRUARY, 2023
PRONOUNCED ON: 6TH APRIL, 2023
JUDGEMENT [PER R.D. DHANUKA, J]:
1. Rule. Mrs. Bane, learned AGP for Respondent
Nos.1 and 4 waives service of notice. By consent of parties,
Rule is made returnable forthwith.
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2. By this Petition filed under Article 226 of the
Constitution of India, the Petitioners have prayed for a
declaration that lands belonging to the Petitioners to the
extent of 14H 40R are free from any encumbrance, of
acquisition and/or reservation under the Scheme of Neera
Deodhar Project or otherwise as they are illegally acquired/
retained by the Respondents without following the due
process of law and without paying any compensation to the
Petitioners ,.
3. The Petitioners have also prayed for a Writ of
Mandamus against the Respondents to return the possession
of the landed property admeasuring 14H 40 R. The
Petitioners have prayed for declaration that the award dated
28th May, 2013 is anti-dated, bad in law and for quashing and
setting aside the said award dated 28 th May, 2013. The
Petitioners have also prayed a Writ of Mandamus against the
Respondents to acquire land admeasuring 39R afresh under
The Right to Fair Compensation and Transferancy in Land
Acquisition Rehabilitation and Resettlement Act, 2013 (for
short "Fair Compensation Act") within a period of six months
from the date of the order.
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4. The Petitioners have also prayed for an order and
direction against the State Government to pay
interest/damages at rate of 15% per annum on the amount
awarded or such other amount as this Court deems fit for the
period between 21st March, 1996 to 7th April, 2010. Some of
the relevant facts for the purpose of deciding the Petition are
as under.
5. Sometime prior to 1990, the State Government
decided to to implement the Neera Deodhar Project for dam
on Neera River and to further acquire lands from the
benefited area for rehabilitation of the Project Affected
Persons (hereinafter referred to as "PAP").
6. On 8 May, 1990, the State of Maharashtra issued an
Order for acquisition bearing No. RPA 1090/CR/1690/RI. On
3rd August, 1991, the District Collector, Satara assigned /
delegated his powers to acquire the lands for rehabilitation of
the PAP to the Deputy Collector/Land Acquisition Officer
No.19, Satara. On 22 November, 1992, the District Collector,
Satara issued a declaration under Section 11(1) of the
Maharashtra Project Affected Persons Rehabilitation Act,
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1986 (for short "the said Rehabilitation Act), which
declaration was published in the daily news paper 'Sakal'
dated 22 November, 1992, declaring that the land
admeasuring about 948 H 14.8 R situated at Village Shirwal,
Tahasil- Khandala , Dist. Satara is covered under the benefited
zone of the said project.
7. It is the case of the Petitioners that while
implementing the said project, State Government prepared a
plan of the proposed irrigation canal and accordingly the area
of the lands situated at Shirwal were declared as the
benefited zone area. However, later on, the State of
Maharashtra amended their plan in respect of the said
proposed canal and accordingly planning authorities deleted
substantial part of the lands situated at Shirwal, which were
initially coming under the benefited zone, due to the shifting
the mode of canal.
8. It is the case of the Petitioners that out of the total
landed property jointly purchased by Petitioner No.1 and Mr.
Hirachand Jethmal Chordia at Shirwal, some of the portion of
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the land was falling within the ambit of the benefited zone of
the said project and thus, lands held in either of the names of
Petitioner No.1, Mr.Hirachand Jethmal Chordia, Mr. Sampatlal
Chordia or Smt. Parvatibai Chordia were prone to acquisition
for the rehabilitation of the Project Affected Persons (PAP)
under the provisions of Section 13(i) (c) of the said
Rehabilitation Act. Accordingly the area of the lands situated
at Shirwal were declared as the benefited zone area.
However, later on the State of Maharashtra amended their
plan in respect of the said proposed canal and accordingly the
planning authorities deleted substantial part of the lands
situated at Shirwal, which were initially coming under the
benefited zone, due to shifting the path of the said canal.
9. The State of Maharashtra, thereafter, issued a
circular/notification under Section 12(1) of the said
Resettlement Act intimating the public at large that after the
publication of the notification in the official gazette and until
the Collector makes a declaration to that effect, no
agricultural land in the village and/or areas specified in the
Notification under Section 11 and/or the lands falling under
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the benefited zone of any particular village and/or areas
therefrom, which are required for the purpose of the
Rehabilitation Act, can be transferred by way of
sale/gift/exchange/ lease or otherwise and/or subjected to
partition and/or converted into non agricultural purpose,
except with the permission in writing of the state
government.
10. In or about the month of January 1996, the
Petitioners approached the Revenue Authorities for seeking
requisite permission to deal with their lands as the
Petitioners were interested in transferring of some of their
lands by way of sale and converting some of their lands for
non-agricultural use i.e. for industrial activities. The Revenue
Authorities, however, insisted the holders of the said lands
that until they surrender the land to the extent of 8H 37R out
of their total collective holding situated within the ambit of
the benefited zone of the said project, the revenue authorities
will not be able to grant the permission as sought by the
Petitioners for dealing with their respective lands.
11. It is the case of the Petitioners that Respondent
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No.3 insisted Mr. Suryakant Tarachand Bhatewara and other
three to deliver the possession of their lands to the
Government in order to consider their request for transfer of
their lands. The Petitioners accordingly agreed to surrender
and deliver the possesson of the said land to the extent of 8
37 R to the State Government out of their total holdings
falling/ covered under the benefited zone of the said project.
12. It is the case of the Petitioners that an assurance
was made by the Respondents that the Government shall
acquire only those lands belonging to the Petitioners under
the scheme of project as directed to be surrendered by them
and shall grant the requisite compensation by completing the
acquisition proceeding at the earliest. The Petitioners relied
upon and believed the assurances given by Repondent No.3
on behalf of Respondent No.2, in order to secure/ get the
permission of transferring and/or dealing with their lands,
for which the surrender of the land to the extent of 8H 37R
was made a condition precedent by the Respondents, they
handed over / delivered the possession of their lands to the
extent of 8H 37 R.
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13. On or about 21 March, 1996, the Petitioners gave a
statement before the revenue authorities while delivering
the possession of the land. The Circle Officer, Shirwal
executed the Kabje Patti while taking away the possession of
the said lands without passing any award and/or without
paying any compensation to the land holders against those
lands and got the mutation entry recorded in the name of the
State Government against those lands vide Mutation Entry
No. 1700 certified on 27th July, 1997.
14. It is the case of the Petitioners that on 30
November, 2001, the Land Acquisition Officer No.19
completed the acquisition proceeding in respect of the said
lands surrendered by them to the extent of 5 H 14 R and
awarded compensation to them against the same on or about
30 November, 2011, however, paid to them after a lapse of 6
years i.e. on 1 July, 2006. Though no acquisition proceedings
were initiated in respect of the remaining land admeasuring
3 H 24 R by the Respondent, and no compensation was paid to
the Petitioners, the possession of the same was retained by
the Government without any legal right and/or entitlement.
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15. On 4th June, 1997, the Petitioners jointly made an
application before the Authority. On 28 July, 1997, the
Authority passed an order, however, the Collector
(Rehabilitation) granted permission to the Petitioners for
transferring their remaining lands or part thereof , which
were left over after the surrender and delivered the
possession thereof to the Government under the said Neera
Project as per the scheme formulated under the Rehabilitation
Act. The holders of the lands accordingly transferred part
of their properties to High Power Engineering Company Pvt.
Ltd., Vings Automobiles Product Pvt. Ltd., Super Paints Ltd.,
etc. for being used for industrial purpose.
16. On 30 September, 1999, Hirachand Jethmal
Chordia expired. Smt. Parvatibai Hirachand Chordia expired
on 18 July, 2002. All their legal heirs decided to get their
respective shares separated out of the total lands, which
were jointly owned and possessed by the Family Members of
Late Hirachand Jethmal Chordia and Smt. Parvatibai
Hirachand Chordia. Accordingly, all the legal heirs of Late
Hirachand Jethmal Chordia and Smt. Parvatibai Hirachand
Chordia negotiated with Mr. Suryakant Tarachand Bhatewara
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i.e. Petitioner No.1 and settled the quantum/proportion of
their shares in the total lands and mutally got it divided by
entering into Memorandum of Partition dated 28 April, 2004
amongst themselves.
17. On 17 June, 2005, the legal heirs of Hirachand
Jethmal Chordia and Smt. Parvatibai Hirachand Chordia
submitted an application for seeking permission for partition
amongst themselves. By an order dated 17 June, 2005, the
District Rehabilitation Officer, Satara granted the requisite
permission for partition and upon receiving the permission
from the concerned authorities for partition, they submitted
an application to the Tahsildar, Tahsil Khandala to divide and/
or partition their respective shares in the property under
Section 85 of Land Revenue Code. The Tahsildar, passed an
order dated 26 December, 2005, thereby granting permission
to partition their entire remaining lands and divide the same
amongst the co-sharers, legal heirs and successors of Late
Hirachand Jethmal Chordia.
18. It is the case of the Petitioners that on 30
November, 2001, the Special Land Acquisition Officer
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declared Award for 5H 14 R and awarded compensation in a
sum of Rs. 13,90,918/- . Though the Special Land Acquisition
Officer tendered compensation on 13 September, 2002, 3
May, 2007 and 25 June, 2007 to the extent of Rs.13,40,360/-,
the same was not as per the Award dated 30 November, 2011.
The Petitioners accordingly filed the present Petition on 15
April, 2013.
19. The State Government filed an affidavit in reply in
this Petition stating that on 28 May, 2013, the Deputy
Collector and Special Land Acquisition Officer No.19 passed
an Award for the land admeasuring 3 Hector 24 Ares of which
possession was obtained on 21 March, 1996 and retained the
compensation of Rs.27,28,526/- and that amount would be
paid expeditiously. In the said Affidavit, it was stated that the
said two Awards would cover 8H and 38R (3H 24R + 5H
14R). On 18 March, 2014 this Court passed an order,
directing the Respondents to pay to the Petitioners the entire
amount payable as per the award datd 28 May, 2013 as well
as 30 November, 2001, if not paid earlier. This Court directed
that the issue regarding payment of interest as well as the
rental compensation will have to be considered as admittedly
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the possession of the acquired land was taken over on 21
March, 1996 under the private negotiations.
20. On 4 April, 2014, the Petitioners received some
amount under protest with reference to land admeasuring 3
24 R for Rs.27,28,526/-. However, no compensation is paid for
land admeasuring 0 H. 39R taken for construction of road.
The award was declared only for 15R and no compensation
was paid. On 24 February, 2015, this Court directed the
Collector to file an Additional Affidavit. On 14 October, 2016,
the Deputy Collector filed an Additional Affidvit and stated
that the Special Land Acquisition Officer No. 19 had paid
compensation amount to the Petitioners on 4 April, 2014 and
18th December, 2014 for the land admeasuring 3 H 24R and
contended that the entire dues payable to the Petitioners
have been cleared and further dues were remained to be
paid.
21. On 7 February, 2017, this Court recorded the
observation that main grievance of the Petitioners is that so
far as 39 ares of land is concerned, no details of whatsoever
are furnished even in the additional affidavit filed on behalf of
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the Land Acquisition Officer in terms of the direction dated
28 September, 2026. The said additional affidavit does not
indicate the specific date when an award came to be made
in respect of 39 ares of land. This Court directed the
Government Pleader to file those details.
22. On 6 March, 2017, a Division Bench of this Court
passed an order and observed that in respect of the award
passed in 2013, no compensation came to be paid and so far
as other awards are concerned, the compensation was paid
after 1 January, 2014 but the same was received by the
Petitioners under protest as directed by this Court, virtually it
was a payment not made in terms of Section 24(2) of the Fair
Compensation Act. The land in question is already
submerged for the purpose of water and some is used for
road. Therefore, the question of retrieving the land and
handling over the possession of the same to the Petitioners
would not arise. This Court also observed that though the
possession of land was divested from the owners or the
Petitioners way back in 1996, till 2013 no acquisition
proceedings came to be initiated.
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23. This Court, accordingly, observed that since the
land was already used for the larger interest of the public, if
possible, the authorities must sit with the Petitioners and see
that the entire thing could be considered as consent award
by merits. This Court also directed that the compensation
has to be determined as per the Fair Compensation Act.
24. On 12 July, 2017, the Deputy Collector (Land
Acquisition) No.16, Satara filed an affidavit, stating that as
per Section 24(2) of the Fair Compensatin Act, the Petitioners
are entitled for total compensation of Rs.77,52,816/-. As the
Petitioners have been already paid a sum of Rs.27,28,526/-
towards the compensation amount, the balance compensation
of Rs.50,24,290/- will be paid to the Petitioners at the earliest
after the beneficiary i.e. Executive Engineer, Neera-Deodhar
Project, deposits the said amount in his office. The office of
the Deputy Collector has already informed the Executive
Engineer of Neera-Deodhar Project by letter dated 7 July,
2017 to deposit the balance compensation amount of
Rs.50,24,290/-.
REASONS AND CONCLUSIONS
25. The prayers of the Petitioners in this petitin are viz.
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a) for declaration that the land belonging to the
Petitioners to the extent of 14 Hectors 40R are illegally
acquired without followig due process for acquisition and
without paying any compensatin to the Petitioner and are thus
free from any encumbrane of acquisition or reservation
under the scheme of Neera Deodhar Project or otherwise.
b) for a writ of mandamous against Respondents to
return the possession of the landed property to the extent of
14 Hectors 40R.
c) for an injunction against Respondents from
acquiring/taking possession of landed property to the extent
of 14 Hectors 40R, without awarding any compensation to the
Petitioners.
d) for a declaration that the award dated 28 May,
2015 is antidated, bad in law and for quashing and setting
aside the same.
e) to direct the Respondents to acquire the land
admeasuring 39R afresh under the provisions of The Right to
Fair Compensation and Transperancy in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 within a period of
six months from the date of the order and to pay
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interest/damages to the Petitioners from the period between
21 March, 1996 to 7 April, 2010.
26. Insofar as the land admeasuring 14 Hector 40R is
concenred, it is the case of the Respondents in the Affidavit
in Reply filed on 13 March, 2014 that on 21 March 1995 Shri
Suryakant T. Batewara, Smt. Parvati Choradia, Shri Sampatlal
Chordia and Hirachand Chordia voluntarily delivered
possesion of land admeasuring about 8 Hectors, 37 Ares
situate at Village Shirwal, Tal. Khandala, to Resettlement
Officer, Satara, Dist. Satara for the purpose of resettlement of
project affected persons. On 30 November, 2001 the Deputy
Collector and Special Land Acquisition Officer passed an
Awad in respect of the land admeasuring about 5 Hectors 14
Ares for an amount of Rs.13,90,918/-. It is stated that an
amount of Rs.5,78,440/- was paid to Suryakant Bhatvera on 13
September, 2002 and the balance amount was paid to the
other claimants.
27. In the said affidavit it is stated that on 28 May,
2013 the Deputy Collector and Special Land Acquisition
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Officer No. 19 passed an award in S.R. No. 640 for
Rs.27,28,526/- for the lands admeasuring 3 Hector 24 Ares
of which possession was obtained on 21 March, 1996. The
copy of the said Award is annexed to the said Affidavit in
Reply. It is further stated in the affidavit that the Awards
dated 30 November, 2001 and 25 May, 2013 are in respect of
land of which possession is obtained by District Resettlement
Officer, Satara. It is the case of Respondents that the lands
were thus acquired and Awards in respect of 8 Hectors and 37
Ares were already passed and possession thereof was already
obtained as far back on 21 March, 1996. The compensation
as per the Award dated 30 November, 2011 is paid to the
Petitioners.
28. In the said affidavit, it is further stated that so far
as compensation as per Award dated 28 May, 2013 is
concerned, the same would be paid to the Petitioners
expeditiously.
29. We have also perused further affidavit filed by
Deputy Collector in compliance with the interim order passed
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by this Court and Other affidavit filed in compliance with the
order passed by this Court. It is stated in the said affidavit
that as per order dated 28 May, 2013 passed by learned
Deputy Collector and Special Land Acquisition Officer No.19
in S.R.640 a sum of Rs.27,28,526/- was paid to the Petitioners
under the provisions of Land Acquisition Act 1894.
Petitioners are however, entitled for compensation in terms
of Section 24(2) of the Fair Compensation Act Petitioners are
thus entitled for total compensation amount of Rs.77,52,816/-
out of which Petitioners have been already paid a sum of
Rs.27,28,526/-. Balance amount of Rs.50,24,290/- will be
paid to the Petitioners at the earliest after the Executive
Engineer deposits the balance compensation amount in the
office of Deputy Collector. The office of the Deputy Collector
has already informed the Executive Engineer Neera Deodhar
Project to deposit the said amount with the office of Deputy
Collector vide letter dated 7 July, 2017.
30. The Sub-Divisional Officer has filed an affidavit on
31 July, 2017 stating that as regards the balance area
admeasuring 24 Ares, no proposal has been received by Sub-
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Divisional Office from the Acquiring Body i.e. Executive
Engineer, Neera Deodhar Project. Hence, no steps under
Land Acquisition Act, 1894 and/or Fair Compensation Act
have been taken. It is further stated that meeting was
conveyed on 17 July, 2017 in pursuance of order dated 6
March, 2017 passed by this Court when Sub-Divisional Officer
directed official acquiring body to prepare consent Award by
Agreement.
31. A perusal of the record indicates that the Special
Land Acquisition Officer had already passed an Award in
respect of the land admeasuring 5 H 14 R for amount of
Rs.13,90, 918/- on 30 November, 2001. The said amount of
compensation has been already paid to Mr. Suryakant
Bhatewara and other claimants. On 13 September, 2002, 3
May, 2007 and 25 June, 2007, though the Special Land
Acquisition Officer tendered compensation, the same was not
as per the award dated 30 November, 2011. The only
grievance made in the Petition is that the tendered amount
was not tendered or made, as required under the provisions
of the Land Acquisition Act.
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32. On 18 March, 2014, this Court passed an order and
directed the Petitioners in this Writ Petition and their
authorized representatives/ Constituted Attorney to remain
present in the office of the Deputy Collector and Special Land
Acquisition Officer No.19, Satara, on 4th April, 2014 at 11.00
a.m. This Court directed the Respondent to pay to the
Petitioners the entire amount payable as per award dated 28
May, 2013 as well as 30 November, 2001, if not paid earlier.
The said two awards dated 30 November, 2001 and 28 May,
2013 were in respect of lands admesuring 8 H 38 R. The
possession of those lands were handed over to the Special
Land Acquisition Officer on 21 March, 1996.
33. The Petitioners have already filed a Reference on 8
May, 2014 under Section 18 of the Land Acquisition Act. The
Respondents have failed to show that the compensation as
per the award dated 30 November, 2001 has been paid to the
Petitioners or the persons entitled to such compenstion. If the
compensation amount as per Award dated 28 May, 2013 is not
paid, the Respondents are liable to pay such amount of
compensation to the Petitioners with interest provided under
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the Act.
34. Be that as it may, so far as submissions made by the
Learned Senior Counsel for the Petitioners that the Award
purportedly made on 28 May, 2013 is after filing of the writ
petition by the Petitioners is antidated is concerned, in our
view there is no substance in the submissions made by the
Learned Senior Counsel for the Petitoiners. The Petitioners
have already made a reference under Section 18 in respect of
the said Award.
35. According to the Respondents, the Respondents
redetermined the amount of compensation in pursuance of
the interim order passed by this Court on 6 March, 2017 and
held that the Petitioners would be entitled to compensate in
the sum of Rs.77,52,816/- out of which, the Petitioners were
already paid Rs.27,28,526/-. In the affidavit in reply filed by
the Respondents, it was agreed that the balance
compensation amount of Rs.50,24,290/- would be paid to the
Petitioners at the earliest after the beneficiary i.e. the
Executive Engineer, Neera-Deodhar Project, deposits the
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balance amount in the office of the Deputy Collector.
36. The Petitioners are entitled to apply for
enhancement of compensation by filing an application under
Section 64 of the Fair Compensation Act and in accordance
with law, if aggreived by the payment of compensation of
Rs.77,52,816/- upon determining of the revised amount of
Rs.77,52,816/-. It is made clear that we have not expressed
any view on the maintainability of any such application and
the same would be considered by the Authority on its own
merits.
37. Insofar as the land admeasuring 0 Hectare 24 Ares
is concerned, the Special Land Acquisition Officer has filed an
Affidavit on 31 July, 2017 admitting that no proposal has
been received by the Sub-Divisional Officer from the acquring
body i.e Execuvive Engineer, Neera Deodhar Project under
the provisions of the Land Acquisitoin Act, 1894 and/or Fair
Compensation Act. It is stated in the said Affdavit that a
meeting was conveyed on 17 July, 2017 in pursuance of the
order passed by this Court when the Sub-Divisional Officer
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directed the Acquiring Body to prepare Consent Award by
Agreement. We make it clear that if there were private
negotiations for acquiring the said portion of 24R of land and
if no agreement is entered into to make an award, the
Respondents shall commence the acquisition proceedings by
following the provisions of the Fair Compensation Act within
four weeks from today and to pay the compensation as
determined under the provisions of the Fair Compensation Act
to the Petitioners.
38. If the balance amount of Rs.50,24,290/- has not
been paid to the Petitioners by the Respondent as averred in
the Affidavit in reply filed by the Respondents, we direct the
Executive Engineer to deposit the balance compensation
amount with the Special Land Acquisition Officer from
Competent Authority as the case may be within four weeks
from today, and to release the said amount of Rs.50,24,290/-
to the Petitioners within two weeks thereafter, without fail.
39. A reference application filed by the Petitioners
arising out of the Award declared on 28 May, 2013 for the
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land admeasuring 3 Hectare 24 R to be disposed of
expeditiously, if not disposed of so far.
40. No case is made out by the Petitioners for
declaration that the land admeasuring 3 H 14 R is illegally
acquired / retained by the Respondents without following the
due procedure under the provisions of law. No relief for
retaining of possession can be granted to the Petitioners.
Prayer clause (d) also cannot be granted.
41. So far as the question of damages and interest @
15% p.a. of the amount awarded during the period between
21 March, 1996 to 7th April, 2010 is concerned, the
Petitioners have made out a case for payment of interest on
the amount of compensatin @ 9% p.a. on a delayed payment
of Compensation from the due date till payment. Such interest
shall be computed by the Special Land Acquisition Officer
within four weeks from today and shall pay the amount of
compensation within four weeks thereafter. If any further
amount is required to be deposited by the acquiring body, the
same shall be deposited within two weeks from the date of
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such requisition by the Executive Engineer.
42. We accordingly pass the following order:
(a) Writ Petition is disposed of and rule is made
absolute in the aforesaid terms.
(b) No order as to costs.
(c) Parties to act on an authenticated copy of this
judgment.
(M.M. SATHAYE, J.) ( R.D.DHANUKA, J. )
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