Dnyaneshwar Rajaram Vitole And ANR v. Shri. Shravan Hardikar, The Municipal Commissioner

924.cp.124.2018.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 124 OF 2018 Dnyaneshwar Rajaram Vitole & Anr.

...Petitioners.

vs Shri.Shravan Hardikar, The Municipal Corporation

...Respondent.

.....

Mr Amit B. Borkar for the Petitioners.

Mr Deepak R. More for Respondent No.1.

.....

CORAM : K.K.TATED, & B.P.COLABAWALLA, JJ.

AUGUST 03, 2018.

P.C. :

Heard learned counsel for parties.

By this Contempt Petition it is alleged that the Respondents failed and neglected to comply the order dated 6th October, 2016 passed by this Court in Writ Petition No. 4758 of 2012.

Learned counsel for the Petitioner submits that this Court by an order dated 6th October, 2016 directed the Respondents to pay the compensation in respect of the acquired land admeasuring 663 sq.meter from Survey No. 83/1. He further submits that this Court also directed the Respondents to pass appropriate award and to pay the additional compensation in respect of the additional land if possession is taken by them from Survey No. 83/1.

Pg 1 of 2

924.cp.124.2018.doc It is to be noted that in the present proceedings, the Respondents filed their affidavit-in-reply dated 25th July, 2018. Learned counsel appearing for the Respondents made it clear that they already deposited entire awarded compensation as per the award of the Special Land Acquisition Officer in the Reference Court. The statement is accepted.

In view of these facts, we do not find any reason to entertain the present Contempt Petition as there is no willful contempt in respect of the order passed by this Court. Hence, the Contempt Petition is dismissed. No order as to costs. (B.P.COLABAWALLA, J.) ( K.K.TATED, J.) Pg 2 of 2