Maharashtra Housing And Area Development Board Through Its Chief Officer, Chandrapur v. Mahadeo S/O Motiram Hiwarkar And Others

40. WP 3333 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3333/2021 Maharashtra Housing and Area Development Board Through its Chief Officer Civil Lines, Chandrapur ...Versus...

Ramesh Namdeo Hiwarkar and others with WRIT PETITION NO.3335/2021 Maharashtra Housing and Area Development Board Through its Chief Officer Civil Lines, Chandrapur ...Versus...

Shri Namdeo s/o Sambhaji Yede and others with WRIT PETITION NO.3349/2021 Maharashtra Housing and Area Development Board Through its Chief Officer Civil Lines, Chandrapur ...Versus...

Shri Daulat s/o Vithu Hiwarkar and others with WRIT PETITION NO.955/2022 Maharashtra Housing and Area Development Board Through its Chief Officer Civil Lines, Chandrapur ...Versus...

Shri Mahadeo s/o Motiram Hiwarkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Bhushan Mohta, Advocate for petitioner in all petitions Shri Kunan Nalamwar, Advocate for respondent nos.1 to 7 in WP No.3333/21, for respondent nos.1 to 3 in WP No.3335/21, for respondent no.1 in WP No.3349/21 & for respondent nos.1 & 2 in WP No.955/22 Shri N.Y. Thengre, Advocate for respondent nos.2-b, 2-c (i to iii) in WP No.3349/21 Shri N.R. Patil, AGP for respondent no.8 in WP No.3333/21, for respondent no.4 in WP No.3335/21 and for respondent no.3 in WP No.3349/21 & WP No.955/22

40. WP 3333 of 2021.odt CORAM : AVINASH G. GHAROTE, J.

DATE : 16/03/2023 1.

Shri Bhushan Mohta, learned counsel for the petitioner in all petitions, upon instructions, makes a statement that the participation of the petitioner in the execution proceedings would be restricted to the calculations to be brought to the notice of the Executing Court for the purpose of determining the quantum of the compensation payable to the claimants and nothing more, accepting which statement, the impugned orders are hereby quashed and set aside and the petitioner, in all petitions, is allowed to participate in the execution proceedings, however, to the above extent and nothing else. The application for impleadment of the petitioner to the execution proceedings is allowed, however, limited to the extent, as indicated above.

2.

It is also made clear that neither the petitioner, in all petitions, nor the Executing Court can now go beyond the award, which already stand affirmed by this Court. 3.

The writ petitions are accordingly allowed in the above terms with no order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR