Ashok Gangadhar Puranik v. The Deputy Collector (Land Acquistion ) And ORS

2023:BHC-AS:30774-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10349 OF 2022 Ashok Gangadhar Puranik .. Petitioner

Versus

The Deputy Collector (Land Acquisition) and others .. Respondents Ms. Sapana Rachure a/w Ms. Neha Achliya, Advocates for the Petitioner.

Mr.G.S. Hegde, Senior Advocate i/b Ms. P.M. Bhansali Advocates for Respondent No. 3- CIDCO. Ms. M.S. Bane, AGP for the Respondent Nos. 1,2, and 4State.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : OCTOBER 16, 2023 P. C.

1.

The above Writ Petition is filed seeking a following relief.

"A.

This Hon'ble High Court be pleased to issue a writ of mandamus or any other appropriate writ or direction and/or order n the nature of Writ calling for the records and document pertaining to acquisition of Survey Nos. 161 and 167 from the Respondent No. 1 and after perusal and examination thereof be

pleased to issue a writ of Mandamus or any other appropriate writ or direction and/or order in the nature of writ directing the Respondents to forthwith implement and make the payment of amount of compensation as per orders dated 14th September,2015 and 14th July, 2016."

2.

On 28/08/2023, we had passed a detailed order wherein we had granted 2 weeks time to CIDCO to deposit the amount of Rs. 53,56,593/- and Rs. 18,31,772/- with the Special Land Acquisition Officer towards payment to the Petitioner under the Award which forms the subject matter of the present Petition. We had kept the above matter today for directions and to see if the said order was complied with.

3.

Today, when the matter is called out, we are informed that the amount of Rs. 53,56,593/- and Rs. 18,31,772/- has been deposited by CIDCO with the Special Land Acquisition Officer. Ms. Bane, on instructions, stated that these amounts will now be transferred to the credit of the Execution Proceedings initiated by the Petitioner being Darkhast No. 33 of 2017 and Darkhast No. 7 of 2017, pending before the Civil Judge, Sr.Division, Alibaug. Ms. Bane, on instructions, stated that these amounts shall be transferred to the credit of the said proceedings within a period of 2 weeks from today.

4.

Once these amounts are transferred to the credit of the said proceedings, the Petitioner herein is free to make an application for the withdrawal of his share of the said amounts. If such an application is made, the same shall be decided on its own merits and in accordance with law.

5.

The Writ Petition is accordingly disposed. No order as to costs.

6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]