Maruti Khandappa Ghodke And ORS. v. State Of Maharashtra And ORS.

wp12775 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.12775 OF 2015 Maruti Khandappa Ghodke & Ors.

...Petitioners

vs.

State of Maharashtra & Ors.

...Respondents

Ms Chaitrali Deshmukh i/b Rajshekhar Alange for the Petitioners Mr.V.S.Gokhale, AGP for the respondent Nos.1 to 3. CORAM : A.S.OKA, & G.S.PATEL, JJ.

DATE : DECEMBER 23, 2015 P.C.:

Heard the learned counsel for the petitioners and the learned AGP for the respondent Nos.1 to 3. Rule. Learned AGP waives service for the respondent Nos.1 to 3. Considering the factual controversy, notice to the respondent No.4 is not necessary. Forthwith taken up for final disposal.

It is not in dispute that this petition will be governed by the order dated 20th November 2015 passed by this Court in Writ Petition No.9688 of 2015 and other connected petitions. Hence, for the reasons recorded in the Judgment and Order dated 20th November 2015, we dispose of the petition by passing the following order:

(I) The impugned order dated 3rd April 2013 is quashed and set aside. We, however, make it

wp12775 clear that the petitioners are under an obligation to produce a certified copy of the Award in a Reference under section 18 of the Land Acquisition Act,1894 on the basis of which an application for redetermination of compensation is made by them. No other compliance with the requisitions which are set out in paragraph 5 of the Judgment and order dated 20th November 2015 passed in Writ Petition No.9688 of 2015 and other connected petitions can be insisted upon;

(II) We make it clear that in the facts and circumstances of the case in hand, as there was a settlement arrived at before the Maha Lok Adalat, the petitioners shall produce a true copy of the settlement before the Deputy Collector, Land Acquisition No.11, within a period of eight weeks from today. A certified copy of the Award made by the Reference Court in terms of the settlement shall be also produced within the aforesaid period;

(III) On production of aforesaid documents within the stipulated time, the applications made by the petitioners under section 28A of the Land Acquisition Act shall be processed and decided in accordance with law;

(IV) The Rule is made absolute on above terms.

(G.S.PATEL,J.) (A.S.OKA,J.)