Bombay High Court
Shital Anna Walawade And Ors vs The State Of Maharashtra Thru The ... on 10 January, 2023
Bench: R.D. Dhanuka, M. M. Sathaye
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10 - WP 6048 OF 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN Digitally
VINOD
signed by
KANCHAN VINOD
MAYEKAR CIVIL APPELLATE JURISDICTION
Date: 2023.01.11
MAYEKAR 11:20:17 +0530
WRIT PETITION NO. 6048 OF 2021
Shital Anna Walawade & Ors. ..... Petitioners
VERSUS
The State of Maharashtra & Ors. ..... Respondents
Mr.Umesh H.Pawar for the Petitioners.
Mr. N.K.Rajpurohit, A.G.P. for the State - Respondent nos.1 to 7.
CORAM: R. D. DHANUKA AND
M.M. SATHAYE, JJ.
DATE : 10TH JANUARY, 2023
P.C:-
We have heard the learned counsel for the parties. A perusal of
the record indicates that the acquiring body has accepted the proposal
of the petitioners to offer third land bearing Gat No. 205/1/2A at
Village Karandwadi to the acquiring body which land is already
accepted by the Collector and the said land has been allotted to the
project affected persons by order dated 8th April, 2013. The State
Government also filed an affidavit in this regard before this Court in
Writ Petition No. 9284 of 2012 filed by the petitioners accepting this
position that, the respondents have accepted the alternate land proposed
by the petitioners bearing Gat No. 205/1+2A of Village Karandwadi
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instead of 1248/1B+2/2 of Village Ashta vide its order dated 8th April,
2013 thereby partly complying the order passed by this Court in Writ
Petition No. 236 of 1989 dated 19 th February, 1996. It is further stated
in the said affidavit that pursuant to the order dated 8 th April, 2013, the
petitioner has been returned back the land bearing Survey No.
1248/1B+2/2 at Village Ashta, which is now renumbered as
68/1B+2/2/1 of village Mirajwadi.
2. Based on the affidavit filed by the respondents, this Court passed
an order dated 18th November, 2015 and disposed off the Writ Petition
No. 9284 of 2012 filed by the petitioners.
3. A perusal of the affidavit in reply filed by the Deputy Collector
on 8th November, 2021 in this petition indicates that, the case of the
State Government is that, the petitioners had made a statement before
the Mandal Adhikari on 5th April, 2013 stating that they will not
approach any court for the same and also agreed to accept the
compensation amount already awarded to them. This statement
annexed at Ex.1 is seriously disputed by the petitioners by filing a
rejoinder. It is contended by the petitioners in the affidavit in rejoinder
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that, the amount of compensation has not been deposited in the account
of the petitioners till date and thus, the petitioners would be entitled to
seek compensation under the provisions of Fair Compensation Act and
more particularly under second proviso to Section 24(2).
4. The petitioners also seek the payment of rental compensation
from the year 2013 till the actual date of payment with interest in
prayer clause (d) of the petition. Learned counsel for the petitioners
placed reliance on the judgment of this Court in case of Ichalkaranji
Co-operative Spinning Mills Ltd. vs. State of Maharashtra & Others,
2019 (3) Mh.L.J. 472 in support of this submission.
5. At this stage, Mr.Rajpurohit, learned A.G.P. seeks time to take
instructions and to make a statement as to when the amount was
deposited by the Collector in the PLA.
6. Place the matter under the caption of directions on 12th January,
2023.
[M. M. SATHAYE, J.] [R. D. DHANUKA, J.]
