Bombay High Court
Piraji M Naukudkar vs The Union Of India And Ors on 20 February, 2023
Bench: R.D. Dhanuka, M. M. Sathaye
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2086 OF 2023
Santosh Soma Dakve .Petitioner
Vs.
The Union of India And Ors. .Respondents
WITH
WRIT PETITION NO.2088 OF2023
Jayant Vitthal Sutar .Petitioner
Vs.
The Union of India And Ors. .Respondents
WITH
WRIT PETITION NO.2089 OF2023
Chandrakant Baburao Taware .Petitioner
Vs.
The Union of India And Ors. .Respondents
WITH
WRIT PETITION NO.2090 OF 2023
Vilas Bhagoji Sangale .Petitioner
Vs.
The Union of India And Ors. .Respondents
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WITH
WRIT PETITION NO.2091 OF 2023
Mrs.Prajwala Vinesh Gosavi .Petitioner
Vs.
The Union of India And Ors. .Respondents
WITH
WRIT PETITION NO.2093 OF 2023
Piraji M Naukudkar .Petitioner
Vs.
The Union of India And Ors. .Respondents
WITH
WRIT PETITION NO.2094 OF 2023
Mrs.Aditi Mahendra Sangale .Petitioner
Vs.
The Union of India And Ors. .Respondents
----------------
Mr. V.A. Gangal a/w. Mr.A.R. Kulkarni, Mr.S.S. Parab and Ms. Divya
Parab for Petitioners in all Petitions.
Mrs. M.S. Bane, AGP for Respondent Nos.3 and 4 in all Petitions.
----
CORAM : R.D.DHANUKA, AND
M.M.SATHAYE, JJ.
DATE : 20th FEBRUARY 2023
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P.C.
1. Matters are on board and are mentioned at 4.30pm.
Mr.Gangal learned counsel for the petitioners states that notices
have been served upon the respondent No.1 and 2 also.
Statement is accepted.
2. In short, the case of the petitioners in these petitions is
that petitioners have been occupying various tenements
constructed on the land, which was the subject matter of
acquisition. Though, an award is made by the Competent
Authority, in the award names of the occupants are not
mentioned. Learned counsel submits that the petitioners as such
have no objection to the acquisition of the land by the
Respondent no.2 and 3. However, no compensation as
mentioned above is paid to the petitioners. He submits that the
petitioners shall not be directed to hand over the possession till
compensation in respect of the structure occupied by them is
given to them. Learned Counsel on instructions states that the
supplementary award is also proposed to be made by the
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respondent No.3 in which the names of the petitioners would be
included. However, supplementary award has not been signed
till date. Petitioners have been asked to vacate their respective
tenements by the Sub Divisional Officer.
3. Learned counsel for the petitioner tenders a copy of the
Order dated 03/08/2020 passed by Division Bench of this Court
in the Writ Petition (St) No. 2511/2020 in the case of
Premier Limited Vs.Union of India and others, who had
prayed for various directions in respect of the said Award dated
06/05/2017 in respect of the said property. Learned counsel has
drawn our attention to paragraph No.52 of the said Judgment
and submitted that in para 52(1) the Division Bench of this Court
clearly provided that the respondent shall pay due
compensation to the petitioners within a period of 6 weeks from
the date of receipt of the said order. In para 52(3) it is directed
that third respondent shall issue notice in writing to the
petitioner and such other person(s) who may be found to be in
possession of the land in question to surrender or handover
possession to the competent authority within a period of 60
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days from the date of receipt of the notice. He submitted that
the petitioners have already handed over their claim to
respondent No.3. However, respondent No.3 has not issued any
acknowledgment in respect of the above direction. Statement is
accepted.
4. The petitioners are directed to issue fresh notice upon
the respondent No.2 and 3 with the request to remain present
before this Court on 22/02/2023. To be placed on supplementary
board.
5. Mr. Gangal learned counsel for the petitioners invited
our attention to the chart annexed to page No.23 to each
Petition and submitted that the petitioners in this batch of
petitions occupy the tenements which are mentioned at Sr.Nos.
8,15,16,20,26 and 43 as mentioned in the chart below.
6. Respondents shall not take any coercive steps to
remove the petitioners from structures mentioned below,
pursuant to the interim notice dated 27/1/2023 annexed at
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Exhibit A to the petition. The chart of names of petitioners
alongwith their respective room numbers is as follows:
Sr.No Name of occupant Writ Petition Room
. No. No.
26 Mrs.Prajwala Vinesh Gosavi 2091/2023 A-1/6
7. At this stage Mr.Gangal learned counsel for the
petitioners states that his clients have now got draft copy of the
supplementary Award un-officially and seeks leave to amend the
petition. The statement made by the learned counsel is contrary
to the statement made by him in the initial arguments. He
further states that Draft Supplementary Award is not allowed to
be signed for some reasons.
8. Place this matter on 22nd February, 2023 on
supplementary board. Ad-Interim order mentioned in para 6 be
continued till 23rd February 2023. Parties to act on the
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authenticated copy of this order.
M.M.SATHAYE, J. R.D.DHANUKA, J.
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