Narendra Moreshwar Shete v. Gavkamgar Talathi , Sajja Aale, Tal Junnar, Dist. Pune And ORS

65-67.WPNo.4666-46712022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4666 OF 2022 Narendra Moreshwar Shete ...

Petitioner

Versus

Gavkamgar Talathi, Sajja Aale, Tal. Junnar, Dist. Pune.

...

Respondents WITH WRIT PETITION NO. 4671 OF 2022 Suraj Maruti Kharade & Ors.

...

Petitioners

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. Nitin P. Deshpande, Advocate for the Petitioners. Mr. V. S. Gokhale, 'B' Panel Counsel for the Respondents/ State.

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

APRIL 26, 2022 P.C.

1.

The learned Counsel for petitioners submits that the lands of the petitioners were never acquired. No acquisition proceedings were ever initiated, however mutation entries are entered that the lands are reserved for rehabilitation purpose.

2.

On the last adjourned date, the learned AGP was directed to take instructions. The learned AGP accepts that the acquisition proceedings are not initiated and the lands are shown to be reserved for rehabilitation purpose. Gaikwad RD 1/2

65-67.WPNo.4666-46712022.doc 3.

Considering the fact that without the acquisition proceedings, the lands are reserved, we direct the respondent Authority to delete the reservation of the project from the other rights column of 7/12 extract of the writ lands preferably within three months.

4.

It is made clear that in case, the respondents want to initiate acquisition proceedings for rehabilitation purpose, there cannot be any impediment to initiate the proceedings as may be permissible in law.

5.

The writ petitions stand disposed of. No costs. (M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.04.28 11:43:11 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2