Ramchandra Vishwanath Patil v. State Of Maharashtra Through Collector, Solapur And ORS
P8-WP12369-15.DOC Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12369 OF 2015 Ranchandra Vishwanath Patil
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Ms. Chaitrali Deshmukh, i/b Mr. Rajshekhar S. Alange, for the Petitioner.
Mr. V.S. Gokhale, AGP, for Respondent Nos. 1 and 2. CORAM: A. S. OKA & S.C. GUPTE, JJ.
DATED:
10th December 2015 PC:- 1.
Not on board. Taken on board.
2.
Heard learned counsel appearing for the Petitioner and the learned AGP for Respondents Nos. 1 and 2. This Petition will be governed by the judgment and order dated 20th November 2015 in Writ Petition No. 9688 of 2015 and other connected matters. 3.
For the reasons separately recorded, we pass the following order:
P8-WP12369-15.DOC (a) The impugned order dated 3rd April 2013 is quashed and set aside. We, however, make it clear that the Petitioner is under an obligation to produce a certified copy of the award in a Reference under Section 18 of the Land Acquisition Act, 1894 on the basis of which an Application for redetermination of compensation is made by them. No other compliance with the requisitions which are set out in Paragraph 5 above can be insisted upon;
(b) We make it clear that in the facts and circumstances of the cases in hand, as there was a settlement arrived at before the Maha Lok Adalat, the Petitioner shall produce a true copy of the settlement before the Deputy Collector, Land Acquisition No.11, within a period of eight weeks from today. A certified copy of the Award made by the Reference Court in terms of the settlement shall be also produced within the aforesaid period;
(c) On production of the aforesaid documents within the stipulated time, the Applications made by the Petitioner under Section 28A of the Land Acquisition Act shall be processed and decided in accordance with law;
(d) The Rule is made absolute on above terms.
(S. C. GUPTE, J.) (A. S. OKA, J.)