Gangadhar Karbhari Jadhav v. Union Of India Through Its Secretary

62-wp2499-21.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2499 OF 2021 Gangadhar K. Jadhav

...Petitioner

V/s.

Union of India & Ors.

...Respondents

Mr.Pralhad Paranjape with Mr.Kunal Kanugo, Mr.Rahul Punjabi and Ms.Druti Datar for the Petitioner.

Mr.R.V. Govilkar with Mr.Niranjan Shimpi for the Respondent No.1 - UOI.

Ms.Sabeena Mahadik with Mr.Mangesh Avhale for the Respondent No.2.

Mr.Devesh Shah i/b Vidhi Partners for the Respondent No.3. Dr.Milind Sathe, Senior Counsel with Mr.Vaibhav Sugdare, Mr.Rishit Badiyani, Mr.Ketan Dave i/b A.S. Dayal & Associates for the Respondent Nos.4 and 5.

CORAM : R.D. DHANUKA & S.M. MODAK, JJ.

DATE : 2ND MARCH, 2022.

P.C. :- 1.

Learned counsel for the petitioner filed additional affidavit recording subsequent events after filing of this petition. Mr.Paranjape, learned counsel for the petitioner placed reliance on the statements made in paragraphs 4 to 7 of the additional affidavit and would submit that the petitioner would adjudicate on the issues 1/2

62-wp2499-21.doc in relation to determination of compensation under the PFCTLARR Act as applicable for acquisition under the provisions of Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (for short "PMP Act") before the Competent Authority along with respondent no.4. Statement is accepted.

2.

It is submitted by the learned counsel that the respondent no.1 be directed to issue notification under section 6(4) of the PMP Act in the line with the notification earlier issued on 10th December, 2015 for the purpose of laying down the second pipeline for the respondent no.5 and compensation due and payable. 3.

The respondent no.1 to take appropriate steps for issuing a notification under section 6(4) of the PMP Act simultaneously. 4.

In view of the statements made by the petitioner in the additional affidavit and accepted by this Court, Mr.Paranjape, learned counsel for the petitioner seeks liberty to withdraw this petition. The writ petition is disposed of as withdrawn in view of the subsequent development as referred in the additional affidavit. The authorities have to deposit the claim of fair compensation made by the petitioner in accordance with law. There shall be no order as to costs.

(S.M. MODAK, J.) (R.D. DHANUKA, J.) VASANT ANANDRAO IDHOL Date: 2022.03.07 12:20:44 +0530 2/2 VASANT ANANDRAO IDHOL