Venkat Haridas Patil And Others v. Kaustubh Divegaonkar And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO.253 OF 2022 IN WP/4022/2019 VENKAT HARIDAS PATIL AND OTHERS

VERSUS

KAUSTUBH DIVEGAONKAR AND OTHERS ...

Mr. R. S. Shinde, Advocate for the Petitioners. Mr. S. G. Karlekar, AGP for Respondents-State. Mr. D. S. Manorkar, Advocate for Respondent Nos.3, 4 and 8.

Mr. Abhijit Namde, Advocate for Respondent No.11. ...

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 18th OCTOBER, 2022.

PER COURT:- 1.

The learned A.G.P. has tendered an affidavit of the District Superintendent of Land Records, Solapur, wherein it is specifically stated that the order of this Court has been fully complied with. Stage by stage, the joint measurements of the seven villages has been completed.

2.

The order of this Court dated 20.01.2022 indicates that the measurement is to be carried out and if any of the petitioners are affected by the

(2) proposed work, the respondent authorities would commence the process of acquisition.

3.

The learned advocate for the petitioners submits that the measurement is completed. The authorities have to commence the process of acquisition immediately.

4.

Shri. Manorkar, learned advocate representing respondent nos.3, 4 and 8, the Acquiring Body, submits that the width of the road is not shown in the measurement carried out by the measurement authorities.

5.

Shri. Namde, learned advocate representing the measurement authorities submits that the measurements have been carried out strictly as per the demarcation furnished by the Acquiring Body. It is only with the guidance of the said demarcation that measurements have been carried out.

6.

We find that this disputed issue cannot be taken up in contempt proceedings. In so far as

(3) these proceedings are concerned, directions of this Court dated 20.01.2022 have been complied with. 7.

In view of the above, this petition is disposed off. Needless to state, the authorities concerned will now have to proceed in terms of the order of this Court set out in paragraph no.14 of the judgment dated 20.01.2022.

(SANJAY A. DESHMUKH) (RAVINDRA V. GHUGE) JUDGE JUDGE Devendra/October-2022