Bhadekari Kalyankari 126 Railway Line Station Road Kadadi Chawl Sanstha And ANR v. The State Of Maharashtra Thr The Chief Secretary And ORS

by SAYYED SAEED ALI AHMED ALI Date:

2025.04.09 10:39:31 +0530 SAYYED SAEED ALI AHMED ALI 1 7.WP.563.24.docx Revati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (7)WRIT PETITION NO.563 OF 2024 Bhadekari Kalyankari

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

______________________________________________________ Dr Ramdas Sabban a/w Mr Shrikanth Kompelli a/w Mr Rohit Chitiken, for the Petitioner.

Mr Abhay Patki for Solapur Municipal Corporation/ Respondent No.4 Mr Akshay Shinde for respondent No.6 and 7.

Ms Savina Crasto, AGP for the State/respondent No.1 to 3. ______________________________________________________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

8 APRIL 2025 PC:- 1.

Heard learned counsel for the parties.

2.

This petition has been filed on the apprehension that the Land Acquisition Officer (LAO) might apportion the entire compensation in favour of the landlord i.e. respondent nos. 6 and 7 to the exclusion of the petitioner's who claim to be tenant.

3.

An award is yet to be passed. Mr. Shinde, learned counsel for the respondent nos. 6 and 7states that the petitioners' have been called upon to furnish certain documents by Land Acquisition Officer.

2 7.WP.563.24.docx 4.

Accordingly, we agree that this petition is quite premature and is based only on an apprehension that the Land Acquisition Officer might not follow the law. 5.

Still, since we have been come across several instances where Land Acquisition Officer/Competent Authority have been hurriedly deciding apportionment dispute themselves and also proceeding to disburse compensation amount to one of the disputing parties, we direct that the Land Acquisition Officer may proceed to make his award but the Land Acquisition Officer shall not disburse any amount to any parties for the period of atleast 4 weeks from the date of clear intimation of making of the award (alongwith copy of the award) to the petitioner's association.

6.

If any parties are aggrieved with the award, they would be at liberty to take out appropriate proceedings in connection with such award. We clarify that we have not examined the claims of the petitioners or private respondents because these are matters which should be looked into in the first instance by the Land Acquisition Officer.

7.

With the above direction and liberties, we dispose of this petition. There shall be no order as to costs. 8.

All concerned to act upon the authenticated copy of this order.

(Jitendra Jain, J) (M.S. Sonak, J)