M/S. Shembekar Industries v. The Additional Collector And Competent Authority , Pune Urban Agglomeration And ORS

13-ASWP-3474-2021.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3474 OF 2021 WITH INTERIM APPLICATION NO. 1594 OF 2021 (Not on board) Shembekar Industries

...Petitioner

Versus

The Additional Collector and Competent Authority Pune Urban Agglomeration & Ors

...Respondents

Mr TD Deshmukh, for the Petitioner.

Mr SS Panchpor, AGP, for Respondents Nos. 1 to 3.

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

6th December 2021 PC:- 1.

The Petition can be disposed of with a brief direction in view of the statement made on behalf of the Petitioner. The statement is Digitally signed by ASHWINI HULGOJI GAJAKOSH Date:

2021.12.07 15:41:26 +0530 that the Petitioner does not at present propose to develop the whole ASHWINI HULGOJI GAJAKOSH of the land exempted under the ULC Act, but confines himself to the retainable land and a small portion of the exempted land. 2.

The Petitioner has made a deposit under protest of Rs. 3,83,52,515/- with the Respondents on their demand for a 15% 6th December 2021

13-ASWP-3474-2021.DOC premium for the entirety of the retainable/retention land and part of the exempted land.

3.

It is open to the Petitioner to make an application to the Respondents for a refund (including with interest) of the whole or any part of the deposit made under protest. That application will be considered on its merits. We clarify that we have not examined the rival merits in this matter. Further, any such application will be decided without being influenced by the impugned order at ExhibitM dated 10th June 2019. 4.

Obviously, to process the application, the authority will need to demarcate the retainable land and the exempted land because otherwise it is not possible to identify which portion falls in which category. This necessarily affects the Petitioner's application for a refund. The Petitioner will include a prayer for demarcation and which is also to be considered on merits by the Respondents. 5.

The Petition is disposed of in these terms. There will be no order as to costs.

6.

The IA is infructuous and is disposed of accordingly. 7.

of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J) 6th December 2021