Bapu Ananta Jadhav v. The Collector Pune

ppn 1 25.wp-2080.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2022.03.04 18:13:37 +0530 PRACHI PRANESH NANDIWADEKAR WRIT PETITION NO.2080 OF 2022 Bapu Ananta Jadhav .. Petitioner

Versus

The Collector, Pune .. Respondent --- Mr.Abhishek S. Matkar a/w Mr.Malhar Bageshwar for the petitioner. Mr.S.B. Kalel, AGP for the respondent-State.

--- CORAM : R.D. DHANUKA AND S.M. MODAK, JJ.

DATE : 2nd March 2022 P.C.:- .

Rule. Mr.Kalel, learned AGP for the respondents waives service. By consent of parties, petition is heard finally. 2.

By this petition filed under Article 226 of the Constitution of India, the petitioners seek a writ of mandamus to forthwith initiate proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of the land described in prayer clause (a) of the petition or in the alternative, to forthwith decide the representation of the petitioner dated 29th September 2021.

3.

Learned counsel for the petitioner states that additional representation in respect of remainder portion admeasuring 00 H. 42 Ares out of the said land bearing Gat No.410/1/B admeasuring 2 H. 02 Ares and payment of compensation in respect of the land bearing Gat No.410/1/B Part admeasuring 1 H. 60 Ares situated at village Yawat

ppn 2 25.wp-2080.22.doc Station, Tal. Daund, District Pune would be made within one week from today. He states that the representation already made by the petitioner on 29th September 2021 and the additional representation that would be made shall be decided by the Collector.

4.

The respondent no.1 is accordingly directed to dispose of the representation dated 29th September 2021 and additional representation that would be made within six weeks from the date of the petitioner making an additional representation. The order should be passed by the respondent no.1 after giving personal hearing to the petitioner. The petitioner shall remain present before the learned Collector on 11th March 2022 at 11.00 a.m. If the date fixed is not convenient to the learned Collector, the convenient date shall be given after issuing 3 days' advance notice to the petitioner from the date of hearing. 5.

The respondent no.1 shall communicate the order that would be passed by the respondent no.1 within one week from the date of passing such order. If the order is adverse against the petitioner, the petitioner would be at liberty to file appropriate proceedings. If the order is passed in favour of the petitioner, learned Collector to take further steps to implement the said decision expeditiously. 6.

Writ petition is disposed of. Rule is made absolute. No order as to costs. It is made clear that this Court has not expressed any views on merit of the matter. All contentions of both the parties are kept open. Parties to act on the authenticated copy of this order. S.M. MODAK, J.

R.D. DHANUKA, J.