Vitthal Ramaji Ashtankar And Another v. The Maharashtra Airport Development Company Ltd. Nagpur Through Director And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION 717 OF 2020

1. Vitthal Ramaji Ashtankar, aged 82 years, Occ. Agriculturist, (Dead through LR's) The legal heirs of Vitthal Ramaji Ashtankar are as follows:

a) Suman w/o. Vitthal Ramaji Ashtankar, ......LR's of petitioner aged 79 years, Occ. Housewife, no. 1 (1a to 1f) are residing at C/o.Purushottamrao Barai, brought on record Plot No. 2, Naik Nagar, vide order dated Nagpur 440 027, 10.1.2023. b) Pradeep Vitthal Ashtankar, Aged 54 years, Occ. Agriculturist, residing at C/o. S.N. Kote, Anand Nagar, Plot No. 488, Near Satvatdara Police Station, Nagpur 440 009 c) Nalini Vijay Pallodarkar, aged 53 years, Occ. Housewife, residing at New Ambedkar Putla Chowk, Itwari Telipura Powada Nagpur 440 002 d) Ravindra Vitthal Ashtankar, aged 51 years, Occ. Agriculturist, residing at Plot No. 101, Pimpla Road, Chandpani Nagar, Vrindavan Colony, Nagpur 440 034 e) Deepak Vitthal Ashtankar, aged 50 years, Occ. Agriculturist residing at Uttrav Raut, Plot No. 16, Balaji Nagar, Manewada Road,

Nagpur 440 024 f) Mahesh Vitthal Ashtankar, aged 46 years, Occ. Private Job, residing at C/o. Purushottamrao Barai, Plot No. 2, Naik Nagar, Manewada Road, Nagpur 440 027

2. Vasudeo Ramaji Ashtankar, aged 65 years, Occ. Agriculturist, petitioners are both residing at Wagdara, Post. Gumgaon, Taluka Hingna, District Nagpur .....PETITIONERS ...V E R S U S...

1. The Maharashtra Airport Development Company Ltd, thr its Director having its office at 1st floor, Central Facility Building, MIHAN Sez, Khapri (Rly.), Nagpur 441 108

2. The Special Land Acquisition Officer, Samrudhi Highway cum Additional Collector, MIHAN Nagpur

3. The Collector, Nagpur having its Office at Civil Lines, Nagpur

4. The Sub-Divisional Officer, Nagpur (Rural, Nagpur)

5. The Naib Tahsildar, Hingna, District Nagpur

6. Narayan Ramaji Ashtankar, aged 81 years, Occ. Agriculturist.

7. Sukhdeo Ramaji Ashtankar, aged 70 years, Occ. Agriculturist, (dead) through LR's Respondent Nos. 6 and 7 are

both residing at Wagdara, Post. Gumgaon, Taluka Hingna, District Nagpur Sukhdeo Ramaji Ashtankar, since deceased through his legal heirs;

7a. Omika Sukhdeo Ashtankar, LR's of respondent no.7 aged about 65 years, Occ. Household (7a to 7f) are brought on record vide order dated 7b. Umesh Sukhdeo Ashtankar, 18.4.2023. aged about 40 years, Occ. Agriculturist, Nos. 7a and 7b residing at village Kotewada, Post Gumgaon, Taluka Hingna, District Nagpur 7c. Shilpa Umeshrao Karmore, aged about 34 years, Occ. Household residing at Near Hanuman Mandir, Nara Vasti, Beyond Nala, Jaripatka, Nagpur 7d. Kavita Ashokrao Wandile, aged about 42 years, Occ. Household residing at Kondhali, Taluka Hinganghat, District Wardha 7e. Pushpa Mahendra Gabhane, aged about 36 years, Occ. Household residing at Chandan Nagar Post Hanuman Nagar, Nagpur 7f Jaya Sachin Telrandhe, aged about 32 years, Occ. Household, r/o. Near Indian Oil, besides Trupti Hotel Khapari Wardha road, Nagpur

8. Sumitra Dayaram Giradkar, aged 73 years, Occ. Agriculturist, residing at Gangapur, Tahsil Umred, District Nagpur ..RESPONDENTS -------------------------------------------------------------------------------------------- Mr. Rahul Dhande, counsel for petitioners.

Mr. S.Y. Deopujari, counsel for respondent 1.

Mr. M.K.Pathan, AGP for respondents 2 to 5/State. Mr. P.K. Mishra, counsel for respondents 6 & 7. ------------------------------------------------------------------------------------- CORAM:- ROHIT B. DEO & M.W. CHANDWANI, J J.

DATE : 14.07.2023 JUDGMENT (Per: Rohit B. Deo, J.) Heard.

2.

With consent, this petition can be disposed of by issuing the following directions.

(i) The Maharashtra Airport Development Company Limited shall deposit the consideration amount of the saledeed dated 1.1.2020 alongwith interest @ 5.5% per annum in the Registry of this Court within the next seven days.

(ii) The parties have agreed that the consideration amount alongwith interest @ 5.5% per annum shall be shared by petitioner 1A to 1F, petitioner 2, respondent 6, respondent 7A to 7F and respondent 8 in equal proportion that is 1/5 (One Fifth) each.

(iii) The parties further agree to withdraw all the pending proceedings including the appeal preferred by the petitioners and respondent 8 challenging the decree in the partition suit which is yet to be registered since the delay is not condoned.

(iv) The Registrar (Judicial) shall personally interview the parties and after ensuring their identities, release the consideration/compensation amount in 1/5th equal proportion alongwith interest @ 5.5% per annum.

3.

Petition is disposed of in the aforestated terms. (M.W. Chandwani, J.) (Rohit B. Deo, J.) belkhede SURESHRAO BELKHEDE P.A. to the Hon'ble Judge