Shantaram Baburao Pachange Thr. Poa Namdeo Shantaram Pachange v. The State Of Maharashtra And ORS

SIDDHARAM MASHAL Date: 2023.03.27 17:37:16 +0530 IRESH SIDDHARAM MASHAL 1 / 3 911.14913.22 wp.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14913 OF 2022 Shantaram Baburao Pachange Thr.

....Petitioner POA Namdeo Shantaram Pachange V/s.

The State of Maharashtra and Ors ....Respondents Mr. S. H. Deokar for the Petitioner Mrs. M. S. Bane AGP for Respondent Nos. 1 to 5 CORAM : R. D. DHANUKA & GAURI GODSE, JJ.

DATED : 23 MARCH, 2023 P.C. :- 1.

Heard. Rule. Ms. Bane, learned AGP waives service for Respondent. Rule is made returnable forthwith by consent of the parties.

2.

By this Petition, the Petitioner seeks directions to direct Respondent Nos. 2 to 5 to allot alternate land to the Petitioner available at village Sanaswadi, Taluka: Shirur, District: Pune bearing Gat No. 1129/2. The Petitioner has contended that there is already an Application filed on 10th June 2011 for allotment of alternate

2 / 3 911.14913.22 wp.doc land. Thes Petitioner has also made payment of 65% of the compensation amount on August 2019.

3.

Learned counsel appearing for the Petitioner states that Petitioner would appear before Respondent No. 3 and submit necessary documents with respect to the land for which the Application is already filed for allotment of alternate land. 4.

We accordingly direct the Respondent No. 3 to decide the entitlement of the Petitioner for alternate land and if the Petitioner is found eligible, to allot the said land within 8 weeks from today as well as hand over possession and make necessary entry in the revenue records with respect to allotment of the land in favour of the Petitioner.

5.

It is made clear that if the land which is proposed by the Petitioner for allotment is not available for any reason, some other alternate land, as available, will be allotted in favour of the Petitioner within a further period of 8 weeks. In the event, for any reason the Application for allotment of alternate land made by the Petitioner is rejected by the Respondent, the Petitioner will be at

3 / 3 911.14913.22 wp.doc liberty to exercise appropriate remedies as permissible under law. 6.

Writ Petition is disposed of. Rule is made absolute in the above terms. There will be no order as to costs.

7.

All the parties to act on authenticated copy of this order. (GAURI GODSE, J.) (R. D. DHANUKA, J.)