Balkrushana Ramchandra Gavali v. The State Of Maharashtra Thr. General Administration Department And Others

11-cp-441-2023 AS.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 441 OF 2023 IN WRIT PETITION NO.1730 OF 2018 Balkrushna Ramchandra Gavali

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

__________ Mr. Sachin M. Bhavar i/b. Snehal Jadhav, for the Petitioner. Mr. S.B. Kalel, AGP, for the Respondent- State. __________ by PALLAVI MAHENDRA WARGAONKAR Date:

2024.11.29 13:20:39 +0530 PALLAVI MAHENDRA WARGAONKAR CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

22 NOVEMBER 2024 P.C.:

1.

We have heard learned counsel for the petitioner on this Contempt Petition. The contempt alleged is of an order dated 26 April 2019 passed by the co-ordinate Bench of this Court in Writ Petition No.1730 of 2018 filed by the petitioner. Such Writ Petition came to be disposed of in terms of following operative order :- "6.

The proceedings of the award impugned in the petition declared on 17th May, 2006 shall be deemed to have lapsed so far as it relates to the Petitioner and the appropriate government if it chooses, shall initiate the proceedings of such acquisition afresh in accordance with the provisions of the Act of 2013."

Pallavi Wargaonkar, PS

11-cp-441-2023 AS.doc 2.

There are two affidavits placed on record by the respondents which indicate that the respondents have chosen to initiate acquisition proceedings as permitted by the Court in paragraph 6 of the order (supra) and quantum of compensation was also arrived at. 3.

In this view of the matter, there cannot be any intentional disobedience of the order, when the respondents have already chosen to acquire the land. In the event, the petitioner is aggrieved by any action in regard to the fresh acquisition and/or any quantum of compensation being determined, the petitioner is free to pursue its remedies as available in law. In the event, such remedies were intended to be pursued, all contentions of the parties are kept open.

4.

Contempt Petition is not being entertained and it is disposed of. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Pallavi Wargaonkar, PS