M/S. Devi Construction Company, Thru. Partner, Shri Vinod Baney v. The Municipal Corpoartion Of The City Of Pune, Thru. Commissioner Shir Kunal Kumar

1 2-CP 414-16 in WP 2585-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.414 OF 2016 IN WRIT PETITION NO.2585 OF 2014 M/s. Devi Construction Company.

] ... Petitioner

Versus

The Municipal Corporation of City of ] Pune & Anr.

] ... Respondents Mr. Rompal Kohli a/w Chandni Bhatt i/b M/s. C. K. Legal for Petitioners. Mr. Abhijit Kulkarni for Respondent No.1.

Ms. S. S. Bhende, AGP for State.

CORAM :- A. A. SAYED & S. P. TAVADE, JJ.

DATE :- 22 DECEMBER, 2020 P. C. :- 1.

The learned AGP has placed before us a letter of the District Collector, Pune, dated 18/12/2020 addressed to her which reads as under : "As per your above mentioned reference letter, the Hon'ble Court has directed the Collector Pune to make a statement as to within how much time the sanction will be given to the draft award. In this regard, it is submitted that as per rules of State Government, the Collector is having financial jurisdiction of Rs.10 crores to sanction the draft award and this financial jurisdiction is increased 10% every year from the year 2014. Hence for the year 2021, the Collector is having financial jurisdiction of Rs.17 crores to sanction the draft award. It is submitted that, the sanction will be given to the draft award within one month after receipt of the draft award from SLAO 16, Pune. This one month period is required to scrutinize the draft award and making necessary corrections if URS 1 of 2

2 2-CP 414-16 in WP 2585-14.odt any. If the draft award amount is above 17 crores, the Divisional Commissioner is having financial jurisdiction to sanction the draft award. In the present matter, if the award amount is above 17 crores, the same will be forwarded within 7 days to the Divisional Commissioner Pune to sanction the draft award.

Hence, it is requested to submit the above mentioned facts before the Hon'ble Court on the date of hearing." 2.

We accept the statements made in the aforesaid letter as an undertaking of the District Collector to this Court. 3.

In the event the award amount is above Rs.17 Crores and is forwarded to the Divisional Commissioner, Pune as stated in the aforesaid letter, the Divisional Commissioner shall take a decision on the draft award within 4 weeks from the receipt thereof by him. 4.

We record the statement of the learned Counsel for Respondent - Corporation that the balance compensation amount shall be deposited by the Corporation with the SLAO within 4 weeks from the receipt of the copy of the award by the Respondent - Corporation. The remedies of the parties as regards quantum of compensation determined are kept open. 5.

The Contempt Petition to stand disposed of.

(S. P. TAVADE, J.) (A. A. SAYED, J.) URS 2 of 2