Gaikwad (Gawali) Vasant Shivaji And ORS. v. The State Of Maharashtra, And ORS.

2-cp 525-22.odt Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 525 OF 2022 Gaikwad (Gawali) Vasant Shivaji & Ors.

..Petitioners Vs.

The State of Maharashtra & Ors.

..Respondents __________ Mr. M. U. Rajput for the Petitioners.

Mr. A. I. Patel, Addl. G.P. for State.

Mr. Mahadeo Choudhari for Respondent No.4.

__________ CORAM :

G. S. KULKARNI & RAJESH S. PATIL, JJ.

DATE :

JUNE 12, 2023 P.C.:

1.

We have heard learned counsel for the petitioners and learned counsel for the respondents.

2.

This petition has been filed alleging contempt of the order dated 11 August, 2021 passed by this Court, which was disposed of by an order dated 21 December, 2022 passed by a co-ordinate bench of this Court and in terms of the directions made in paragraph 3, the proceedings were adjourned for reporting compliance.

3.

Mr. Patel, learned AGP has drawn our attention to a compliance ------------------------- 12 June, 2023

2-cp 525-22.odt affidavit filed by Ms. Manisha Manikrao Awhale, Assistant Collector, Solapur dated 22 March, 2023 in which, in regard to the compliance on payment, the following statement has been made:- "5) This office inform to the Hon'ble court that there are 98 claimants are entitled to payment of compensation. Out of 98 land acquisition Claimant, 80 Person have been paid compensation given as per their demand. Submitted Acknowledgment of compensation payment of amount to 80 people out of total 98. hereto annexed and marked as Exhibit-C, out of 18 person reaming 10 person have not submitted the heirship certificate and 8 people have not submitted the document after contacting this office.:

4.

It is thus clear that out of 98 claimants, 80 persons have already received the compensation and in regard to the remaining persons, there are certain compliances namely heirship certificate and other documents to be submitted. Such fact has also been noted by an order dated 23 March, 2023 passed by the co-ordinate bench of this Court. If at all the compliance is made by the remaining persons, they are certainly entitled to get the advantage of the order dated 11 August, 2021 passed by this Court. 5.

In the aforesaid circumstances, we record compliance of the orders passed by this Court.

[RAJESH S. PATIL, J.] [G. S. KULKARNI, J.] ------------------------- 12 June, 2023