Baburao Laxman Karpe And Others vs I S Chahal And Others
2023 Latest Caselaw 2983 Bom

                                                                13-CP-813-2016
                                     -1-


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

            13 CONTEMPT PETITION NO. 813 OF 2016
 IN WP/6819/2015 WITH CP/814/2016 IN WP/6875/2015 WITH CP/
 815/2016 IN WP/6876/2015 WITH CP/816/2016 IN WP/6820/2015
              WITH CP/817/2016 IN WP/6877/2015

                BABULAL S/O TRIMBAK BANKAR AND OTHERS
                                 VERSUS
                        I. S. CHAHAL AND OTHERS

                                      .....
                Advocate for Petitioners : Mr. M. R. Jamdhade
                           h/f Mr. N. R. Jamdhade
              AGP for Respondent-State : Mrs. M. A. Deshpande
              Advocate for Respondent No.5 : Mr. S. G. Bhalerao
                                      .....

                               CORAM :     MANGESH S. PATIL AND
                                           ABHAY S. WAGHWASE, JJ.

                               DATED :     27 MARCH 2023

 PER COURT :-


 1.       Heard.

2. This Court in Writ Petition No. 6819 of 2015 and connected

matters, by order dated 14.09.2015, had directed the Collector and

Special Land Acquisition Officer to consider the petitioners'

applications preferred under Section 28A of the Land Acquisition Act,

1894 and to pay the compensation within a stipulated time.

13-CP-813-2016

3. Learned Advocate for the respondent acquiring body submits

that pursuant to the directions of this court, an award was passed

under Section 28A of the Land Acquisition Act in favour of the

petitioners on the basis of the award passed in Lok Adalat. The

acquiring body had challenged all those awards in Writ Petition No.

8843 of 2017 and connected matters. The learned Single Judge of this

Court, by order dated 18.02.2022, relying upon the decision dated

03.02.2022 in the matter of New Okhla Industrial Development

Authority (NOIDA) v. Yunus and others in Civil Appeal No.

901/2022, wherein it was held that an award passed under the Lok

Adalat cannot be the basis for passing of award under Section 28A of

the Land Acquisition Act, quashed and set aside the awards.

4. Learned Advocate Ms. Jamdhade submits that the petitioners

have preferred a review of the judgment and order dated 18.02.2022

in Writ Petition No. 8843 of 2017 and connected matters and these

Contempt Petitions be kept pending till then.

5. Since the respondents were merely called upon to pass the

award under Section 28A of the Land Acquisition Act and to pay

compensation, which awards have subsequently been passed but set

aside by this Court relying upon the decision in the matter of New

13-CP-813-2016

Okhla Industrial Development Authority (NOIDA) (supra), nothing

survives in these petitions. All these contempt petitions are disposed

of.

[ABHAY S. WAGHWASE, J.] [MANGESH S. PATIL, J.]

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