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Bombay High CourtWP/4405/2014dispossed offdismiss for default

Western Coalfields Limited, Through Its Area Manager Chandrapur v. Spl. Land Acquisition Officer And Sub Divisional Officer, Yavatmal And Anothers

2016-05-03Hon'Ble Shri Justice Sunil B. Shukre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4405 OF 2014 (Western Coalfields Ltd. Through its Area Manager, Tadali, Distt. Chandrapur Vs. Spl. Land Acquisition Officer & Sub Divisional Officer, Wani, Distt. Yavatmal & others) WITH CONNECTED WRIT PETITIONS ENLISTED IN ANNEXURE-I (PAGE NOS. 4 TO 7) OF THE PURSIS (Document-'X') - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. Anilkumar, Advocate for the petitioner. S/Shri A. M. Balpande, S. B. Ahirkar, V. P. Maldhure and Ms T. H. Udeshi, A.G.Ps for respondent No.1.

S/Shri Chauhan & I. N. Khakhra, Advocates for respondent No.2.

CORAM : S. B. SHUKRE, J.

DATED : 03 MAY, 2016 Learned Counsel for the petitioner has filed a common pursis in all the 411 writ petitions, challenging two awards, i.e. Land Acquisition Case No. 2/65/1992-93 allowed by respondent No.1 on 10/01/2014 and Land Acquisition Case No.6/28A/2008-2009 (Old L.A. No.11/47/88-89 dated 25/7/2013, as per two lists, (List 1 is from page 4 to 6 and list 2 is at page No.7).

This pursis together with its annexures i.e.

two lists and settlement letter of Western Coal Fields dated 05/4/2016 are taken on record and collectively marked for identification as document -'X'.

2 0305wp4405.14+410 It is stated in the pursis that in all these petitions, respondent No.2 or the other respondents all of whom are the claimants have submitted the offer to settle the matter on 01/10/2015 and agreed to accept 90% of the amount in the award and waived 10% of the amount on settlement. It is further stated in the pursis that the competent authority has accorded sanction to the proposed settlement and payment of 90% of the award amount to be deposited with the Special Land Acquisition Officer for being distributed to the claimants within eight weeks, in accordance with law.

Learned Counsel for the petitioner has further pointed out that the writ petition at Sl. No.18 in second list (page7), has already been settled and it has been withdrawn. He further submits on instructions that now the remaining 410 writ petitions as per the list annexed to the pursis be allowed to be disposed of in terms of the settlement recorded briefly in the pursis.

Learned Counsel for respondent No2claimant or the other respondents-claimants have no

3 0305wp4405.14+410 objection to dispose of these petitions in terms of the settlement referred to in the pursis submitting that the settlement has been accepted by all these claimants. In view of the above, the bunch of 410 writ petitions as specifically referred to in two lists, first list being on page Nos. 4, 5 and 6 and the second list being on page No.7 of the pursis vide document "X' is disposed of as settled in terms of the settlement briefly mentioned in the pursis vide document "X". No costs.

JUDGE wwl