Shri. Babanrao Vithoba Pingle (Since Decd) Through Lrs. v. Shri. Bhiku Alias Bhikaji Shankar Kokate And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9267 OF 2017 Shri. Babanrao Vithoba Pingle (since deceased) through Lrs.

... Petitioners V/s.

Shri. Bhiku alias Bhikaji Shankar Kokate & Ors.

... Respondents WRIT PETITION (STAMP) NO. 200 OF 2017 Shri. Babanrao Vithoba Pingle Shri. Shivaji Nathu Devgirikar & Ors.

WRIT PETITION NO. 260 OF 2018 Shri. Baburao Maruti Pingale .. Petitioner Sub Divisional Officer, Baramati & Ors.

WRIT PETITION (STAMP) NO. 948 OF 2017 Shri. Babanrao Vithoba Pingle Shri. Shivaji Sopan Sonavane & Ors.

WRIT PETITION (STAMP) NO. 950 OF 2017 Shri. Babanrao Vithoba Pingle Shri. Prakash Baban Bhosale & Ors.

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WRIT PETITION NO. 1024 OF 2018 Sonaba Gangaram Khaladkar & Ors.

Kusum Sadashiv Patki & Ors.

WRIT PETITION NO. 1818 OF 2018 Shri. Srirang Devram Gadadare & Anr.

Savita Tukaram Raut & Ors.

WRIT PETITION NO. 1819 OF 2018 Vaman Bala Bande & Anr.

Madhumilind Gajanan Deshpande & Ors.

WRIT PETITION NO. 1820 OF 2018 Shri. Dagadu Maruti Gaikwad & Ors.

Shri. Subhash Ananta Deshpande & Ors.

WRIT PETITION NO. 5553 OF 2018 Shri. Baban Bhairu Londhe .. Petitioner Shri. Datta Govind Raut & Ors.

WRIT PETITION (STAMP) NO. 7798 OF 2017 Parvatibai Dnyanoba Lavange & Ors.

Ankush Sakharam Katurde & Ors.

2/11

WRIT PETITION (STAMP) NO. 7800 OF 2017 Sonaba Gangaram Khaladkar & Ors.

Parvati Kalu Devgirkar & Ors.

WRIT PETITION (STAMP) NO. 7801 OF 2017 Sonaba Gangaram Khaladkar & Ors.

Ashok Sakharam Devgiri & Ors.

WRIT PETITION (STAMP) NO. 8561 OF 2017 Shri. Rajaram Balu Kullal & Ors.

Sub Divisional Officer, Baramati & Ors.

WRIT PETITION (STAMP) NO. 8635 OF 2017 Vaman Bala Bande & Anr.

Sub-Divisional Officer, Baramati & Ors.

WRIT PETITION (STAMP) NO. 8637 OF 2017 Vaman Bala Bande & Anr.

Babubai Bhikaji Bhikule & Ors.

WRIT PETITION (STAMP) NO. 8640 OF 2017 Shri. Vithoba Ravaji Jadhav 3/11

Dattu Dhondiba Raut & Ors.

WRIT PETITION (STAMP) NO. 8641 OF 2017 Shri. Sunil Kisan Gardare .. Petitioner Sub Divisional Officer, Baramati & Ors.

WRIT PETITION (STAMP) NO. 8643 OF 2017 Shri. Mahadeo Nama Pangarkar Smt. Indubai Shripati Navghane & Ors.

WRIT PETITION NO. 9268 OF 2017 Shri. Babanrao Vithoba Pingle (since deceased) through LRs Shri. Hanumant Alias Hanuvati Genu Sonavane & Ors.

WRIT PETITION NO. 9885 OF 2017 Babanrao Vithobha Pingle (since deceased) through LRs Balasaheb Kondiba Khutekar & Ors WRIT PETITION NO. 9886 OF 2017 Shripati Bhiva Thakar Ashok Ganpat Kokate & Ors.

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WRIT PETITION NO. 9887 OF 2017 Dagadu Maruti Gaikwad Ramakar Pujanji Kshirsagar & Ors WRIT PETITION NO. 9888 OF 2017 Mahadev Nama Pangarkar (since deceased) through LRs Dinkar Tukaram Kokate & Ors.

WRIT PETITION NO. 9938 OF 2017 Balkrushna Dagadu Gaikwad & Anr.

Arun Narayan Galinde & Ors.

WRIT PETITION NO. 10090 OF 2017 Sonaba Gangaram Khaladkar & Ors.

Shri. Hanumant Gulabrao Kokate & Ors.

WRIT PETITION NO. 10415 OF 2017 Kaluram Gujaba Gaddare & Ors.

Pandurang Baburao Kokate & Ors.

WRIT PETITION NO. 10416 OF 2017 Shri. Srirang Devram Gadadare & Anr.

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Ranjana Ramchandra Shinde & Ors.

WRIT PETITION NO. 10417 OF 2017 Shri. Jaysingh Kisan Gardare .. Petitioner Vijaya Dattatray Raje & Ors.

WRIT PETITION NO. 10418 OF 2017 Kaluram Gujaba Gaddare & Ors.

Raju Parvati Bhosale & Ors.

WRIT PETITION NO. 10419 OF 2017 Vaman Bala Bande & Anr.

Shripati Dagadu Raut & Ors.

WRIT PETITION NO. 10748 OF 2017 Kerba Kondiba Piggale Shri Vitthal Dagadu Raut & Ors.

WRIT PETITION NO. 10822 OF 2017 CIVIL APPLICATION (STAMP) NO. 4910 OF 2018 Mahadeo Nama Pangarkar Sakharam Devaji Navaskar & Ors 6/11

WRIT PETITION NO. 10829 OF 2017 Sonaba Gangaram Khaladkar & Ors.

Nathu Maruti Bhosale & Ors.

WRIT PETITION NO. 10988 OF 2017 Shri. Babanrao Vithoba Pingle Shri. Shankar Ganpat Raut & Ors.

WRIT PETITION NO. 10995 OF 2017 Sonaba Gangaram Khaladkar & Ors.

Shri. Dattu Nathu Jogade & Ors.

WRIT PETITION NO. 11021 OF 2017 Shivaji Baban Pingle & Ors.

Raju Nathu Raut & Ors.

WRIT PETITION NO. 11022 OF 2017 Shri. Babanrao Vithoba Pingle Shri. Somaji Rambhau Bhosale & Ors.

WRIT PETITION NO. 11023 OF 2017 Shri. Babanrao Vithoba Pingle 7/11

Shri. Dhondiba Kondiba Khutekar & Ors.

WRIT PETITION NO. 11025 OF 2017 Shri. Babanrao Vithoba Pingle (since deceased) through LRs Shri. Chandrakant Kondiba Khutekar & Ors.

WRIT PETITION NO. 11026 OF 2017 Paraji Tulashiram Kullai (since deceased) through LRs Sub Divisional Officer, Baramati & Ors WRIT PETITION NO. 11055 OF 2017 Sonaba Gangaram Khaladkar & Ors.

Ganpat Bapurao Maral & Ors.

WRIT PETITION NO. 11056 OF 2017 Vaman Bala Bande & Anr.

Shri. Janu Nagu Jankar & Ors.

WRIT PETITION NO. 13619 OF 2017 Vaman Bala Bande & Anr.

Shri. Maruti Kondu Raut & Ors.

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WRIT PETITION NO. 13631 OF 2017 Vaman Bala Bande & Anr.

Sindhubai Maruti Jagdale & Ors.

WRIT PETITION NO. 13632 OF 2017 Shri. Rajaram Balu Kullal & Ors.

Dilip Kashinath Kokate & Ors.

WRIT PETITION NO. 13736 OF 2017 Babanrao Vithobha Pingle (since deceased) through LRs Devaji Govind Bhikule & Ors ---------------- Mr. S.S. Salunkhe for the Petitioners.

Mr. Sagar Pawar a/w Mr. Akshay Patil I/b S.K. Legal Asso. for the Respondent No.1 in WP/10995/2017.

Mrs. Madhubala Kejale, 'B' Panel Counsel for Respondent State. ---------------- CORAM : R.M.BORDE, & PUSHPA V. GANEDIWALA, JJ.

DATE : 1st MARCH, 2019 : JUDGMENT (PER R.M.BORDE,J) :

1.

Heard. Rule. With the consent of parties, petitions are taken up for final hearing at the admission stage.

2.

It is not a matter of controversy that the instant group of petitions proceed on the same facts as in case of decided Writ Petition bearing No. 10413 of 2017 decided on 08.01.2019 by the 9/11

Division Bench of this Court to which one of us (R.M. Borde, J) is a member.

3.

Since the issue raised is no more res-integra and has already been dealt with in the aforesaid petition, the instance group of petitions can also be disposed of by issuing similar directions as in case of decided writ petition. The communication issued by the SubDivisional Officer, Sub Division Baramati addressed to the Assistant Government Pleader on 22.02.2019 giving the details in respect of publication of notification under Section 4, a declaration under Section 6, the date of the Award and other details, is taken on record and marked "X" for its identification.

4.

On perusal of the communication dated 22.02.2019, it appears that the instant petitions are similar in all respect as in case of decided matter and the award which is subject matter of these petitions is also common. In this view of the matter, these petitions can be disposed of in terms of directions issued in Writ Petition No. 10413 of 2017. It is therefore, directed:

For the reasons as aforesaid, the Writ Petitions deserve to be allowed and the same are accordingly allowed. The Award declared by the Land Acquisition Officer on 31.10.2001 so far as it relates to the Petitioners is concerned, shall stand quashed. Since the 10/11

possession of the property has been taken over by the acquiring body, the amount of compensation shall have to be determined by observing the procedure prescribed under the Act of 2013. The Respondents are directed to complete acquisition proceedings in respect of determination of amount of compensation and declare award and pay compensation so determined under award within one year from today.

5.

Rule is accordingly made absolute. No costs.

(PUSHPA V. GANEDIWALA, J.) (R.M.BORDE, J.) 11/11