Babaji Ganpat Nawle v. State Of Maharashtra And ORS

rsk 1 22-WP-5314-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5314 OF 2021 Babaji Ganpat Nawle

...Petitioner

Vs.

State of Maharashtra and Ors.

...Respondent

WITH WRIT PETITION NO.6503 OF 2022 Dagdu Namdeo Navle

...Petitioner

Vs.

State of Maharashtra and Ors.

...Respondent

------- Mr. Y. B. Lengare for the Petitioner.

Mr. N. K. Rajpurohit, AGP for Respondent-State. -------

CORAM

:

NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATED :

16 SEPTEMBER 2022 P. C. :

Heard learned counsel for the parties.

2.

Though the prayer made by the Petitioner is for disposal of representation, we find that the case put across by the Petitioner through his counsel in oral argument is that the land offered to the Petitioner is outside benefited Zone is not stated in the representation.

rsk 2 22-WP-5314-21.doc What is stated in the representation is that the allotted land is not suitable and not convenient. That the land being outside benefited zone and the land within benefited zone but not convenient are two different situations. The learned counsel for the Petitioner states that for effective consideration of his grievance, the representation on the ground that land offered is outside benefited Zone would be made to the Authority. The learned counsel also states that pursuant to the order passed earlier by this Court, the Petitioner is ready to deposit 65% of the amount of compensation and further action can be taken by the concerned authority. We grant liberty to the Petitioner to incorporate this assertion in the fresh representation that the Petitioner will file.

3.

If the Petitioner files a fresh representation within a period of three weeks from today, the Respondent-authority will consider the same as per law and take a decision and inform the same to the Petitioner within a period of 6 weeks thereafter, subject to earlier time bound commitments and pressing public duties. 4.

The Writ Petition is disposed of.

(SHARMILA U. DESHMUKH, J.) ( NITIN JAMDAR, J.)