Shri. Shankar Gulab Pathare v. Pimpri Chinchwad Municipal Corporation , Through Its Municipal Commissioner And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 785 OF 2023 IN WRIT PETITION NO. 13704 OF 2017 Shri Shankar Gulab Pathare Age: 57 years, Occu-Agriculturists R/at : Gulmohar Niwas, Kotwal Wadi, Charholi Budruk, Pune-412 105 } } } } ...Applicant/Petitioner V/s.

Pimpri Chinchwad Municipal Corporation, through its Municipal Commissioner, Pimpri Pune } } } } } } } } } } } } } } } } } } } } }

...Respondents

2. The Deputy Director of Town Planning, Primpri Chinchwad Municipal Corporation, Pimpri, Pune.

3. The City Engineer Pimpri Chinchwad Municipal Corporation, Pune

4. The Special Land Acquisition Officer, Special Group No.2, Pimpri, Pune

5. The Collector, Pune District-Pune

6. The State of Maharashtra, through its Principal Secretary, Urban Development Department.

------------------- Mr. Sugandh B. Deshmukh a/w. Mr. Irvin D'souza i/by Mr. Vaibhav Thorve for applicant/petitioner.

Mr. Rohit P. Sakhadeo for respondent nos. 1 to 3-Corporation.

Mr. A.I. Patel, Additional G.P. a/w. Ms. M.P. Thakur - AGP for respondent nos. 4 to 6-State.

--------------------- CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, J.J.

DATE : 19th JUNE 2023.

P.C. :

.

Heard.

2.

Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

3.

Considering the fact that the whole dispute involved in this petition now has been reduced to the objection of the petitioner to the measurement map that was drawn up by the Special Land Acquisition Officer, in terms of section 20 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("Act 2013" for short), we are of the view that purpose of this petition shall stand served if the objections taken by the petitioner on the measurement made under section 20, together with other objections, are directed to be decided by the Special Land Acquisition Officer in accordance with law.

4.

Accordingly, we direct the respondent no.4 to consider the objections of the petitioner in the measurement made under section 20 together with other objections in accordance with law, while making enquiry and passing land acquisition award in terms of section 23 of the Act within a reasonable period of time, which may not be more than three months from the date of the receipt of order.

5.

The petition is disposed of in the above terms. No costs. 6.

Interim Application is disposed of in terms of final order. (RAJESH S. PATIL, J) (SUNIL B. SHUKRE, J)