Shri Sudam Bhausaheb Gade And ORS v. The Collector, Pune And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION rpa WRIT PETITION NO.3658 OF 2015 Sudam Bhausaheb Gade & Ors.
.. Petitioners Vs.
The Collector, Pune & Ors.
.. Respondents WITH WRIT PETITION NO.3662 OF 2015 Bapu Dhondiba Gade & Ors.
.. Petitioners Vs.
The Collector, Pune & Ors.
.. Respondents WITH WRIT PETITION NO.3665 OF 2015 Suresh Baban Gade & Ors.
.. Petitioners Vs.
The Collector, Pune & Ors.
.. Respondents ....
Mr.Uday B. Nighot, Advocate for the Petitioners. Mr.N.P. Dshpande, AGP for Respondent Nos.1 to 5. ....
CORAM : A.S. OKA & A.P. BHANGALE, JJ.
DATED : APRIL 10, 2015.
P.C. :
Not on Board. Taken on Board.
Heard the learned counsel appearing for the petitioners and the learned AGP for the 1st to 5th respondents. 1/3
It is not in dispute that applications made by the petitioners under Sub-section (1) of Section 48 of the Land Acquisition Act, 1894 are pending before the Additional Commissioner, Pune Division, Pune.
Therefore, these petitions claiming wider reliefs need not be entertained at this stage. In the event, the applications made by the petitioners are rejected, while challenging the orders of the Additional Divisional Commissioner, the petitioners can pray for the reliefs which are prayed for in these petitions. Accordingly, we dispose of these petitions by passing the following order:
:: O R D E R ::
(i) We direct the petitioners or their authorized representatives to appear before the Additional Commissioner, Pune Division, Pune on Monday 27th April, 2015 at 11.00 a.m. The petitioners shall produce an authenticated copy of this order before the learned Additional Commissioner, Pune Division, Pune;
(ii) The stay orders granted by the Additional 2/3
Commissioner on 1st April, 2006 will continue to operate till the disposal of the pending applications before the Additional Commissioner; (iii) The Additional Commissioner shall dispose of the pending applications as expeditiously as possible and preferably on or before 30th September, 2015;
(iv) Orders passed on the applications be communicated to the petitioners;
(v) If the orders be adverse to the petitioners, the orders of stay shall continue to operate for a period of one month from the date on which the orders are served upon the petitioners;
(vi) All contentions on merits are kept open;
(vii) The Petitions are disposed of accordingly.
(A.P. BHANGALE, J.) ( A.S. OKA, J.) 3/3