Sadashiv Dnyandev Khadakhade v. The State Of Maharashtra, Thr. The Water Resources Department

34-cp-297-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 297 OF 2021 IN FIRST APPEAL NO. 1175 OF 2019 Sadashiv Dnyandev Khadakhade

...Petitioner

vs.

1. The State of Maharashtra Through the water Resources Department & 3 Ors.

...Respondents

Dr. Ramdas P. Sabban i/b Mr. Ramesh S. Kompelli for petitioner. Mr.V.S. Gokhale, 'B' Panel counsel for respondent No.1 and 2. Mr.D.B. Khaire for respondent Nos. 3 and 4.

Smt. Shehalata D. Gawade, Executive Engineer, Minor Irrigation Division No.1, Solapur present.

CORAM : N. J. JAMADAR, JJ.

DATE : 28th OCTOBER , 2021 P.C.:

1.

Heard the learned counsels for the parties.

2.

Mr. Khaire, the learned counsel for respondent Nos. 3 and 4 submits that Smt. Shehalata D. Gawade, Executive Engineer, Minor Irrigation Division No.1, Solapur - respondent No.3, is present in Court.

3.

The learned counsel, on instructions, submits that the respondent Nos.3 and 4 have computed the amount of compensation payable in accordance with the consent terms, dated 17th February 2021, and have brought a cheque for the sum of Rs.46,78,543/-. The learned counsel further submits that the Shraddha Talekar, PS 1/2

34-cp-297-2021.doc respondent Nos.3 and 4 are ready to deposit the said amount in the Court, today.

4.

Mr.Sabban, the learned counsel for the petitioner submits that the respondent Nos. 3 and 4 be directed to deposit the said amount of Rs.46,78,543/- with the Special Land Acquisition Offcer No.1, Solapur so as to facilitate the disbursement thereof in accordance with the consent terms.

5.

Mr. Sabban makes a further grievance that the amount computed by the respondent Nos. 3 and 4 may not be accurate in accordance with the consent terms.

6.

In view of the aforesaid submissions, the petition stands disposed of with a direction to respondent Nos. 3 and 4 to deposit the amount of Rs.46,78,543/- with the Special Land Acquisition Offcer No.1, Solapur, within a period of one week from today. 7.

The petitioner is at liberty to bring to the notice of the respondent Nos.3 and 4 shortfall, if any, in the amount of compensation payable under the consent terms and thereupon the respondent Nos. 3 and 4 shall consider the same and take appropriate action in conformity with the consent award. (N. J. JAMADAR, J.) Shraddha Talekar, PS 2/2