Shri. Ramgonda Apparao Patil (Decd) Through Lrs v. The Divisional Commissioner, Pune And ORS

1 WP 4566-15.doc-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4566 OF 2015 Shri Ramgonda Apparao Patil (Deceased) ] Through L.R.s.

] ... Petitioner

Versus

The Divisional Commissioner, Pune & Ors.

] ... Respondents Mr. A. P. Vanarse for Petitioner.

Mr. P. P. Kakade, AGP for State.

CORAM :- DR. MANJULA CHELLUR, C.J., & G. S. KULKARNI, J.

DATE :- FEBRUARY 13, 2017 P. C. :- 1.

The petitioner is before us challenging the proposal of acquisition of land bearing Gat No.973, admeasuring 00 H 80 Ares situated at Village - Chandur, Taluka - Hatkanangale, District - Kolhapur, for the purpose of rehabilitation of project affected persons. The petitioner approached the Divisional Commissioner, Pune, under Section 48 (1) of the Land Acquisition Act, 1894 contending that the land is much below the slab fixed, therefore, the land deserves to be deleted from acquisition since notification dated 2 November 1978 fixing the slab of 3 H 23 Ares. During the pendency of the appeal, an ex parte stay came to be granted as early as on 19 January 2007. Aggrieved by the same, the present writ petition is filed. After filing of URS

2 WP 4566-15.doc-13 the writ petition, a status quo order came to be granted on 5 May 2015 which is being continued from time to time. 2.

We are of the opinion that there is no point in keeping the present writ petition pending to decide whether there could have been a vacation of stay order ex parte by the Divisional Commissioner, Pune. Instead, the Divisional Commissioner, Pune, should be directed to dispose of the appeal itself on merits after hearing the parties. Therefore, we dispose of the writ petition by directing the parties to maintain status quo so far as possession of the property is concerned and we direct the respondent - Divisions Commissioner, Pune, to dispose of the appeal on merits after hearing the parties concerned. The above exercise has to be completed within two months from today.

3.

Petitioner is directed to appear before the Divisional Commissioner, Pune, on 2 March 2017 at 11.00 a.m. (G. S. KULKARNI, J.) (CHIEF JUSTICE) URS