Amay Uday Brhme And ORS v. The State Of Maharashtra Throu Its Principal Sec. Public Works Dept Having Office And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6155 OF 2024 Amay Uday Brhme & Ors

...Petitioners

Versus

The State of Maharashtra through its Principal Secretary Public Works Department having Office & Ors

...Respondents

Mr. Tejas Deshmukh, a/w Ritesh Kulkarni & Sagar Kursija, Advocates for the Petitioners.

Mr. B.V. Samant, Addl.GP, a/w M.M. Pabale, AGP, for StateRespondent Nos.1 & 2. Mr. Saket Mone, a/w Devansh Shah, Advocates for Respondent Nos.3 & 4.

Mr. Siddhesh Bane, i/b Harshad A. Sathe, Advocate for Respondent No.6.

CORAM

: G. S. KULKARNI & SOMASEKHAR SUNDARESAN, JJ.

DATE : AUGUST 16, 2024 PC :

1.

We have heard Mr. Deshmukh, learned Counsel for the Petitioners. Mr. Samant, learned AGP on behalf of Respondent Nos.1 and 2, Mr. Mone, learned Counsel for Respondent No.3 & 4, Mr. Bane, learned Counsel for Respondent No.6 and Respondent No.5-Pune Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.08.22 13:36:30 +0530 ASHWINI JANARDAN VALLAKATI

Metropolitan Region Development Authority ("PMRDA") is a formal party.

2.

The Petitioners are purchasers of flats in a residential and commercial project as floated by Respondent No.6 M/s. Avior Merlin Ventures LLP. It is the Petitioner's case that the Petitioners had entered into an agreement with Respondent No.6 to purchase residential and commercial units in the year 2018-19 in the said project of Respondent No.6. It is contended that all appropriate permissions were granted to Respondent No.6 for undertaking such development. Respondent No.6 had also agreed to deliver possession of the units being purchased by them on or before 31 December, 2022. It is contended that accordingly 90% construction along with amenities and club house was completed by December, 2020.

The Petitioners have stated that suddenly they were given to understand that in December, 2020, the construction of the building was stopped and it was on account of a stop work notice issued by the PMRDA on the ground that the land on which the building was being constructed be acquired for the purpose of constructing the "Pune Ring Road".

Respondent No.2 notifying the land in question to be acquired for the Pune Ring Road Project. Thereafter on 18 January, 2021 a further notification was issued under the provisions of Section 15 and 17 of the Act. The Petitioners did not raise any objection or oppose the acquisition. Consequently, on 31 December, 2021 a notification under Section 18 of the Act came to be issued, which is in the nature of the declaration for acquisition of the land in question and under which, by virtue of sub-section 2 of section 18 land would absolutely vest in the State Government free from all encumbrances.

3.

On such backdrop, it is the Petitioners case that although a declaration is made under Section 18 was issued on 31 December, 2021, till date no progress has been made to forward the acquisition, inasmuch as, Respondent No.2 has not proceeded to declare an award to compensate the Petitioners who are persons interested in the land. The Petitioner intend to assert their rights/claim for compensation in the proposed award to be declared. The petition is accordingly filed praying for the following reliefs:- "a. Rule may kindly be issued:

b. this Hon'ble Court may by it's appropriate writ, order or direction may kindly be pleased to direct Respondent nos. 2 to 4 to immediately complete acquisition proceedings under the

Maharashtra Highways Act, 1955 and pay to the Petitioners just and fair compensation with respect to acquisition of building C-1 in a project by name Navyangan Phase-ll which is being constructed on land bearing Gat nos. Nos. 109(P), 144(P), 145, 146, 147, 148, 150, 151, 152, 154. 160 and 161 situated at village Kasar-Amboli, Taluka Mulshi, District Pune;

c. pending the hearing and final disposal of present writ petition, this Hon'ble Court may kindly be pleased to direct the Respondent authorities not to change the alignment of Pune (Western) Ring Road passing through a project by name Navyangan Phase-II which is being constructed on land bearing Gat nos. Nos. 109(P), 144(P), 145, 146, 147, 148, 150, 151, 152, 154, 160 and 161 situated at village Kasar-Amboli, Taluka Mulshi, District Pune; d.ad-interim relief in terms of prayer clause (c) above may kindly be granted;

e. Any other relief in the interest of justice may kindly be passed." 4.

Mr. Mone, learned Counsel for the acquiring authority namely the MSRDCL would submit that there is certainly a delay in completing the acquisition process which, according to him, is attributable to the fact that Respondent No.6 had approached this Court in Writ Petition No.8490 of 2021 wherein Respondent No.6 claimed diverse reliefs. He states that on such proceedings a coordinate Bench had passed orders by permitting Respondent No.6 to make a representation to MSRDCL on the issue whether the alignment of the ring road can be changed so as to avoid acquisition of the land in question. It is stated by Mr. Mone that it was not found feasible to

accept such request as made by Respondent No.6 to change the alignment of the ring road. It is, thus, Mr. More's submission that the land in question is necessarily required to be acquired for the ring road project, for which the Land Acquisition Officer/Respondent No.2 needs to proceed to declare an award. He submits that in fact there was a second Writ Petition filed by Respondent No.6 namely, Writ Petition No.10323 of 2022, in which several prayers are made questioning the acquisition. However, no interim orders are passed on such Writ Petition.

5.

Mr. Samant, learned Additional Government Pleader would not dispute the aforesaid position which has come on record and as urged by Mr. Mone. In fact he would submit that at the level of Respondent No.2, things have proceeded qua the valuation of the land in question. He submits that there would not be any impediment for Respondent No.2/Land Acquisition Officer, to proceed to publish an award and undertake appropriate exercise qua the claims for compensation as may be received by him.

6.

In the light of the above discussion, in our opinion, the acquisition proceedings have commenced quite sometime back, it is

hence necessary that such proceedings are required to be taken to its logical conclusion at the earliest and it ought not to be delayed further as it would be detrimental to the public interest. Thus considering the plea as raised before us in the Petitioners claiming to the persons interested in compensation to be awarded, keeping open all contentions of the parties, we dispose of this petition by directing Respondent No.2 to complete the acquisition process within a period of three months from today by publishing an award. All rights and contentions of the Petitioners to assert their claim for compensation are expressly kept open. Also, if the Petitioners have any other legal rights against Respondent No.6, such rights are also expressly kept open. 7.

Disposed of in the aforesaid terms. No costs. [ SOMASEKHAR SUNDARESAN, J.] [G. S. KULKARNI, J.]