Bombay High CourtWP/8953/2022rule made absolute

Mr. Dilipkumar Ramchandra Dhanve v. The State Of Maharashtra (Through Collector, Solapur Division, Solapur) And ORS

2025-03-28Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice Jitendra Shantilal Jain3 pages

Digitally signed by SAYYED SAEED ALI AHMED ALI Date:

2025.04.01 10:35:23 +0530 SAYYED SAEED ALI AHMED ALI Sayyed 17-WP.8953.2022.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8953 OF 2022 WRIT PETITION NO.8953 OF 2022 Dilipkumar Ramchandra Dhanve Dilipkumar Ramchandra Dhanve

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

_____________________________________________________ Mr. Siddhesh Pilankar a/w Mr. Hrishikesh Naber for the Petitioner. Mr. Siddhesh Pilankar a/w Mr. Hrishikesh Naber for the Petitioner. Ms. Kavita N. Solunke, AGP for the Respondent-State. Ms. Kavita N. Solunke, AGP for the Respondent-State. _____________________________________________________ CORAM : M. S. Sonak & Jitendra Jain, JJ.

DATED : 28 March 2025 ORAL JUDGMENT (Per M. S. Sonak, J.):- 1.

Heard learned counsel for the parties.

Rule. The Rule is made returnable immediately at the request Rule. The Rule is made returnable immediately at the request and with the consent of the learned counsel for the parties. and with the consent of the learned counsel for the parties. 3.

The Petitioner seeks the following substantive prayers by The Petitioner seeks the following substantive prayers by instituting this petition: - instituting this petition: - "a) This Hon'ble Court be pleased to hold and declare that the "a) This Hon'ble Court be pleased to hold and declare that the acquisition of the land vide award dated 05/09/1986 in respect of acquisition of the land vide award dated 05/09/1986 in respect of the land situated at Village Borale, Tal: Mangalvedha, District: the land situated at Village Borale, Tal: Mangalvedha, District: Solapur being Gut No. 593/2/A/1 admeasuring 5 Hectare and 7 Solapur being Gut No. 593/2/A/1 admeasuring 5 Hectare and 7 Are has been lapsed under Section 24 of the Right to Fair Are has been lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Rehabilitation and Resettlement Act, 2013.

b) This Hon'ble Court, in view of the notification dated b) This Hon'ble Court, in view of the notification dated 27/04/2014 be pleased to permit the petitioner to return the 27/04/2014 be pleased to permit the petitioner to return the amount of Rs. 54,900.20/- (Rupees Fifty Four Thousand Nine amount of Rs. 54,900.20/- (Rupees Fifty Four Thousand Nine Hundred) to the respondent along with interest;" Hundred) to the respondent along with interest;" 4.

Insofar as prayer clause (a) is concerned, we are satisfied that Insofar as prayer clause (a) is concerned, we are satisfied that the same cannot be granted given the decision of the Hon'ble Supreme the same cannot be granted given the decision of the Hon'ble Supreme Court in the case of Court in the case of Indore Development Authorities vs. Manoharlal & Indore Development Authorities vs. Manoharlal &

Sayyed 17-WP.8953.2022.docx Ors Ors1. Accordingly, in the present facts, no case is made out to declare . Accordingly, in the present facts, no case is made out to declare that the acquisition has lapsed.

that the acquisition has lapsed.

Mr. Pilankar, learned counsel for the Petitioner, however, Mr. Pilankar, learned counsel for the Petitioner, however, submitted that, to date, the acquired land is not being utilised for the submitted that, to date, the acquired land is not being utilised for the purpose for which it was acquired. He refers to the provisions of Section purpose for which it was acquired.

He refers to the provisions of Section 101 of the Right to Fair Compensation and Transparency in Land 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("said Act") read Acquisition, Rehabilitation and Resettlement Act, 2013 ("said Act") read with Rule 20 of the Right to Fair Compensation and Transparency in with Rule 20 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015 to Rehabilitation and Resettlement and Development Plan) Rules, 2015 to submit that when any land, acquired under this Act remains unutilised submit that when any land, acquired under this Act remains unutilised for a period of five years from the date of taking over of the possession, for a period of five years from the date of taking over of the possession, the same shall be returned to the original owner or owners or their legal the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the Government by reversion in the manner as may be prescribed by the appropriate Government.

He states that the Petitioner has made a appropriate Government. He states that the Petitioner has made a representation dated 4 June 2022 (pages 46 and 47) to the District representation dated 4 June 2022 (pages 46 and 47) to the District Collector and Deputy Director, Ujjani Resettlement Project Solapur and Collector and Deputy Director, Ujjani Resettlement Project Solapur and the Special Land Acquisition Officer, Mangalvedha, but they remain the Special Land Acquisition Officer, Mangalvedha, but they remain unresponded.

unresponded.

Ms.

Ms. Solunke, learned Assistant Government Pleader disputed Solunke, learned Assistant Government Pleader disputed the position that the land is not utilised. Without prejudice she the position that the land is not utilised. Without prejudice she submitted that the provisions of Section 101 of 2013 Act would not submitted that the provisions of Section 101 of 2013 Act would not apply given the law laid down in apply given the law laid down in Indore Development Authorities Indore Development Authorities (supra) (supra) and and State of Kerala & Ors. vs. M. Bhaskaran Pillai & Anr. State of Kerala & Ors. vs. M. Bhaskaran Pillai & Anr.2 7.

At this stage, we are not deciding on the rival contentions as At this stage, we are not deciding on the rival contentions as raised above. Since the Petitioner made a representation on 4 June raised above. Since the Petitioner made a representation on 4 June (2020) 8 SCC 129 AIR 1997 SC 2703

Sayyed 17-WP.8953.2022.docx 2022, such representation should have been considered and disposed of 2022, such representation should have been considered and disposed of in accordance with law. Accordingly, we direct the concerned in accordance with law. Accordingly, we direct the concerned Respondents to consider and dispose of the Petitioner's representation Respondents to consider and dispose of the Petitioner's representation in accordance with law as expeditiously as possible and, in any event, in accordance with law as expeditiously as possible and, in any event, within three months of the uploading of this order. All contentions of all within three months of the uploading of this order. All contentions of all the parties are explicitly left open. The concerned Respondents must the parties are explicitly left open. The concerned Respondents must hear the Petitioners and pass a reasoned order, which should be hear the Petitioners and pass a reasoned order, which should be communicated to the Petitioner within three months. communicated to the Petitioner within three months. 8.

If the Petitioner wishes to file a further and detailed If the Petitioner wishes to file a further and detailed representation, the Petitioner should do so on or before 9 April 2025. representation, the Petitioner should do so on or before 9 April 2025. This representation should also be considered along with the This representation should also be considered along with the representation dated 4 June 2022 and disposed of in the manner representation dated 4 June 2022 and disposed of in the manner indicated above.

indicated above.

The Rule is made absolute in the above terms without any cost The Rule is made absolute in the above terms without any cost order.

order.

10.

All concerned to act on an authenticated copy of this order. All concerned to act on an authenticated copy of this order. (Jitendra Jain, J.) (M. S. Sonak, J.)