Mr. Shivaji Namdeo Alhat v. Pimpri Chinchwad Municipal Corporation And ORS.

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 2747 OF 2015 Mr. Shivaji Namdeo Alhat ....Petitioner V/S Pimpri Chinchwad Municipal Corporation & Ors. ....Respondents Mr. Uday Warunjikar a/w. Siddhesh Pilankar for the Petitioner Mr. Deepak R. More for the Respondent No. 1 Ms P. N. Diwan, AGP for for the Respondent Nos. 2 & 3-State. CORAM :

A. A. SAYED & ANUJA PRABHUDESSAI, JJ.

DATED :

22nd January, 2020 P.C.:

On 10th April 2019 Court passed following order: 1.

The Deputy Director, Town Planning and Development Department of Pimpri, Chinchwad Municipal Corporation, has transmitted communication to Special Land Acquisition Ofcer on 15/03/2019, informing him to take steps for initiation of land acquisition proceeding as regards additional area utilized for construction of 30 metre road. The communication is taken on record and marked as Exhibit 'X'. Reference is made to the survey conducted by the Deputy Director, Land Records, Haveli, on earlier occasion. It is not the matter of dispute that additional area belonging to petitioner has been utilized for laying down road and petitioner is entitled to claim compensation for additional area. The Special Land Acquisition Ofcer shall inform as to what steps are taken for determination of compensation 1/3

2/3 amount in pursuance of communication made on behalf of Municipal Corporation on 15/03/2019 and time frame required for determining the amount for compensation and declaration of award.

Stand over after two weeks i.e. on 24 April, 2019.

2.

The Afdavit-in-Reply has now been fled by the Respondent No. 1-Pimpri Chinchwad Municipal Corporation. 3.

By consent of learned Counsel for the Petitioner and the Respondent No. 1-Corporation, we dispose of the Writ Petition by directing the Committee headed by the District Collector to determine the amount of compensation within a period of four weeks from the date this order is uploaded.

4.

Upon determination of the amount of compensation, the same shall be communicated to the Respondent No. 1-Corporation within 2 weeks. On receipt of the said communication, the Respondent No. 1-Corporation shall deposit the amount with Respondent No. 4-Special Land Acquisition Ofcer (SLAO) within 3 weeks. The SLAO shall make an award in accordance with law within a period of 3 weeks thereafter. The compensation amount shall be paid to the Petitioner within 3 weeks of the making of the award.

5.

The Writ Petition is disposed of in above terms. 2/3

3/3 6.

On the request of the learned Counsel for the Petitioner, we record his statement that the amount as determined by the Respondent No. 1-Corporation on the basis of Ready Reckoner is not acceptable to the Petitioner as stated in the Resolution. (ANUJA PRABHUDESSAI, J.) (A. A. SAYED, J.) 3/3