Ambadas Sampat Wahul v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:1848-DB 1 cp 370.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 370 OF 2022 IN WRIT PETITION NO. 6216 OF 2019 Baban Vithoba Lagad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH CONTEMPT PETITION NO. 372 OF 2022 IN WRIT PETITION NO. 6257 OF 2019 Ambadas Sampat Wahul .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Ms. Mangal R. Chavan, Advocate for the Petitioner in both matters.

Shri V. S. Badakh, A.G.P. for the Respondents/State in both matters.

CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 29 JANUARY 2024.

FINAL ORDER :

.

By common order dated 12 December 2021 in Writ Petition No. 6216 of 2019 and Writ Petition No. 6257 of 2019, the respondent No. 5 was directed to forward the proposal regarding acquisition of the petitioners' lands and thereafter Land Acquisition Officer was directed to initiate the acquisition process and complete it under the provisions of the Right to Fair

2 cp 370.22 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'Act'). 2.

We have heard both the sides.

3.

It is now being pointed out that pursuant to the directions of this Court, the respondent No. 5 forwarded the proposal in April 2023 and necessary notification U/Sec. 11 of the Act has been published on 09 November 2023. Considering statutory period for completion of the process, we dispose of the contempt proceeding directing the Land Acquisition Officer to complete the entire process within the statutory time.

4.

The affidavit of the Land Acquisition Officer tendered across the bar by the learned A. G. P. is taken on record. 5.

Pursuant to the directions of the Court at some earlier point of time a cheque in the name of Registrar of this Court for an amount of Rs. 23,75,000/- has been tendered across the bar. Since the matters are being disposed of and the process of acquisition is already underway, it would be appropriate that the amount is held back by the Land Acquisition Officer so as to disburse it in accordance with law. Therefore, request for depositing a cheque pursuant to the directions of this Court cannot be considered.

6.

The contempt petitions are disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Jan. 24