Sukhadev Shivram Wadghule And ORS v. The Deputy Collector Resettlement Pune And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.931 OF 2021 Sukhadev Shivram Wadghule and Ors.
..... Petitioners Vs.
The Deputy Collector Resettlement, Pune and Ors.
..... Respondents Mr.Kanchan C. Phatak i/b Mr.Nitin P. Deshpande for the Petitioners Mr.V.S.Gokhale, 'B' Panel Counsel for the State
CORAM:
K.K.TATED & ABHAY AHUJA, JJ.
DATED :
MARCH 25, 2021 P.C.
.
Heard.
2.
By this Writ Petition, under Article 226 of the Constitution of India, Petitioners are seeking direction against the Respondents to delete the entries from 7/12 extract of the land bearing Gat No.817 and 896 of Village Takali, Taluka Shirur, District Pune as the same is reserved for Project Affected Persons.
3.
The learned counsel for the Petitioners submits that 1/3
neither the Respondents acquired the said land nor they paid any compensation to the Petitioners.
4.
The learned counsel for the Petitioners submits that because of the entries in 7/12 extract that "the land is reserved for Project Affected Persons", Petitioners are not in a position to deal with the said land. Hence, they have fled the present petition.
5.
It is to be noted that Government of Maharashtra by G.R. dated 05.08.2019 constituted a Committee under Chairmanship of the Collector to deal with such type of matters. Therefore, Petitioner can be directed to make appropriate Application to the concerned Collector for same cause of action. Hence, the following order is passed: a.
Petitioners are permitted to fle appropriate Application before the concerned Committee as per G.R. dated 05.08.2019 for deleting the entries from 7/12 extract of land bearing Gat No.817 and 896 of Village Takali, Taluka Shirur, District Pune about "Reservation for Project Affected Persons".
b.
If such Application is fled, Committee is directed to decide the same as early as possible but in any case, within 6 weeks from the date of Application.
c.
If decision is not taken by the Committee within stipulated time as stated hereinabove, the concerned Revenue Authority is directed to delete the said entry from 2/3
7/12 extract of Petitioners' property immediately thereafter.
d.
Writ Petition stands disposed of accordingly. e.
Parties to act on authenticated copy of this order. f.
No order as to costs.
(ABHAY AHUJA, J.) (K.K.TATED, J.) 3/3