Rajaram Balu Kullal (Deceased) v. The Sub Divisional Officer Baramati
2025:BHC-AS:177-DB Sayyed 11-CP.5.2024.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.5 OF 2024 CONTEMPT PETITION NO.5 OF 2024 Shripati Bhiva Thakar Shripati Bhiva Thakar (since deceased through his legal heirs) (since deceased through his legal heirs) 1A. Prabhu Shripati Thakar 1A. Prabhu Shripati Thakar (since deceased through his legal heirs) (since deceased through his legal heirs) 1A. (i) Sanjay Prabhu Thakar & Ors.
1A. (i) Sanjay Prabhu Thakar & Ors.
Respondents CONTEMPT PETITION NO.10 OF 2024 CONTEMPT PETITION NO.10 OF 2024 Sunil Kisan Gardare Sunil Kisan Gardare
...Petitioner
Petitioner CONTEMPT PETITION NO.11 OF 2024 CONTEMPT PETITION NO.11 OF 2024 Sonaba Gangaram Khaladkar & Ors.
Sonaba Gangaram Khaladkar & Ors.
CONTEMPT PETITION NO.59 OF 2024 CONTEMPT PETITION NO.59 OF 2024 Srirang Devram Gadadare & Anr.
Srirang Devram Gadadare & Anr.
CONTEMPT PETITION NO.63 OF 2024 CONTEMPT PETITION NO.63 OF 2024 Parvatibai Dnyanoba Lavange Parvatibai Dnyanoba Lavange Prasad Dnyanoba Lave & Anr.
Prasad Dnyanoba Lave & Anr.
Sayyed 11-CP.5.2024.docx CONTEMPT PETITION NO.65 OF 2024 CONTEMPT PETITION NO.65 OF 2024 Jaysingh Kisan Gardare Jaysingh Kisan Gardare
...Petitioner
Petitioner CONTEMPT PETITION NO.9 OF 2024 CONTEMPT PETITION NO.9 OF 2024 Shivaji Baban Pingle & Ors.
Shivaji Baban Pingle & Ors.
CONTEMPT PETITION NO.8 OF 2024 CONTEMPT PETITION NO.8 OF 2024 Vaman Bala Bande & Ors.
Vaman Bala Bande & Ors.
CONTEMPT PETITION NO.7 OF 2024 CONTEMPT PETITION NO.7 OF 2024 Baban Bahiru Londhe Baban Bahiru Londhe
...Petitioner
Petitioner CONTEMPT PETITION NO.60 OF 2024 CONTEMPT PETITION NO.60 OF 2024 Kaluram Gujaba Gaddare Kaluram Gujaba Gaddare & Ors.
& Ors.
CONTEMPT PETITION NO.62 OF 2024 CONTEMPT PETITION NO.62 OF 2024 Rajaram Balu Kullal Rajaram Balu Kullal
Sayyed 11-CP.5.2024.docx 1A. Dadasaheb Rajaram Kullal & Ors.
1A. Dadasaheb Rajaram Kullal & Ors.
CONTEMPT PETITION NO.67 OF 2024 CONTEMPT PETITION NO.67 OF 2024 Dagadu Maruti Gaikwad Dagadu Maruti Gaikwad Balkrushan Dagadu Gaikwad & Anr.
Balkrushan Dagadu Gaikwad & Anr.
CONTEMPT PETITION NO.64 OF 2024 CONTEMPT PETITION NO.64 OF 2024 Paraji Tulashiram Kullal Paraji Tulashiram Kullal (since deceased through his legal heirs) (since deceased through his legal heirs) 1A. Appa Paraji Kullal & Ors.
1A. Appa Paraji Kullal & Ors.
CONTEMPT PETITION NO.66 OF 2024 CONTEMPT PETITION NO.66 OF 2024 Kerba Kondiba Pingale Kerba Kondiba Pingale 1A. Laxman Kerba Pingale & Ors.
1A. Laxman Kerba Pingale & Ors.
CONTEMPT PETITION NO.61 OF 2024 CONTEMPT PETITION NO.61 OF 2024 Mahadeo Nama Pangarkar Mahadeo Nama Pangarkar 1A. Gulab Nama Pangarkar & Ors.
1A. Gulab Nama Pangarkar & Ors.
_____________________________________________________
Sayyed 11-CP.5.2024.docx Mr. Rameshwar Gite a/w Mr. Hiten Raut for Petitioner/s in all petitions. Mr. Rameshwar Gite a/w Mr. Hiten Raut for Petitioner/s in all petitions. Mr. B. V. Samant, Addl. G. P. a/w Mr. R. S. Pawar, AGP for RespondentMr. B. V. Samant, Addl. G. P. a/w Mr. R. S. Pawar, AGP for RespondentState in CP/5/2024 and CP/65/2024. State in CP/5/2024 and CP/65/2024.
Mr. B. V. Samant, Addl. G. P. a/w Mr. Aditya R. Deolekar, AGP for Mr. B. V. Samant, Addl. G. P. a/w Mr. Aditya R. Deolekar, AGP for Respondent-State in CP/10/2024 and CP/9/2024. Respondent-State in CP/10/2024 and CP/9/2024. Mr. B. V. Samant, Addl. G. P. a/w Ms. S. R. Crasto, AGP for RespondentMr. B. V. Samant, Addl. G. P. a/w Ms. S. R. Crasto, AGP for RespondentState in CP/11/2024, CP/8/2024 and CP/60/2024. State in CP/11/2024, CP/8/2024 and CP/60/2024. Mr. B. V. Samant, Addl. G. P. a/w Ms. V. R. Raje, AGP for RespondentMr. B. V. Samant, Addl. G. P. a/w Ms. V. R. Raje, AGP for RespondentState in CP/59/2024, CP/7/2024 and CP/62/2024. State in CP/59/2024, CP/7/2024 and CP/62/2024. Mr. B. V. Samant, Addl. G. P. a/w Ms. M. S. Bane, AGP for RespondentMr. B. V. Samant, Addl. G. P. a/w Ms. M. S. Bane, AGP for RespondentState in CP/63/2024, CP/67/2024, CP/64/2024, CP/66/2024 and State in CP/63/2024, CP/67/2024, CP/64/2024, CP/66/2024 and CP/61/2024.
CP/61/2024.
_____________________________________________________ CORAM :
M. S. Sonak & Jitendra Jain, JJ.
DATED : 3 January 2025 PC.:- (Per M. S. Sonak J) 1.
Heard learned counsel for the parties.
Heard learned counsel for the parties.
2.
The learned counsel for the parties agree that these contempt The learned counsel for the parties agree that these contempt petitions can be disposed of by a common order. petitions can be disposed of by a common order. 3.
The Petitioners had alleged contempt of our order dated 1 The Petitioners had alleged contempt of our order dated 1 March 2019. By our order dated 1 March 2019, the Respondents were March 2019. By our order dated 1 March 2019, the Respondents were directed to complete acquisition proceedings in respect of determination directed to complete acquisition proceedings in respect of determination of amount of compensation and declare award and pay compensation of amount of compensation and declare award and pay compensation so determined under the award within a year from 1 March 2019. so determined under the award within a year from 1 March 2019. 4.
Because no award was made within a year, the Petitioners Because no award was made within a year, the Petitioners instituted these contempt petitions alleging breach of our above instituted these contempt petitions alleging breach of our above referred directions.
referred directions.
5.
In all these petitions, Mr. Vaibhav Navadkar, Sub-Divisional In all these petitions, Mr. Vaibhav Navadkar, Sub-Divisional Officer, Sub-Division Baramati has filed an affidavit. Paragraphs 7 to 12 Officer, Sub-Division Baramati has filed an affidavit. Paragraphs 7 to 12 of this affidavit are relevant and the same are transcribed below for the of this affidavit are relevant and the same are transcribed below for the convenience of reference :- convenience of reference :-
Sayyed 11-CP.5.2024.docx "7. I say that when the work of canal in respect of the Bhama Askhed "7. I say that when the work of canal in respect of the Bhama Askhed Irrigation Project was going on, 148.089 MLD (million liters per Irrigation Project was going on, 148.089 MLD (million liters per day) water was reserved for irrigation purpose out of the total day) water was reserved for irrigation purpose out of the total water use of 188.611 MLD. So also, out of the total benefit zone of water use of 188.611 MLD. So also, out of the total benefit zone of 23110 Hector, area of 19645 Hector was excluded from the 23110 Hector, area of 19645 Hector was excluded from the benefitted zone as per demand of the beneficiaries. I say that benefitted zone as per demand of the beneficiaries.
I say that thereafter, the Maharashtra Krishna Khore Vikas Mahamandal in its thereafter, the Maharashtra Krishna Khore Vikas Mahamandal in its 95th meeting of Board of Directors dated 19.06.2017 passed 95th meeting of Board of Directors dated 19.06.2017 passed Resolution for cancellation of both Right and Left canals of Bhama Resolution for cancellation of both Right and Left canals of Bhama Askhed Irrigation Project and accordingly submitted proposal to Askhed Irrigation Project and accordingly submitted proposal to the Government.
the Government.
8. I say that the said proposal was approved by the State Government
8. I say that the said proposal was approved by the State Government by Government Resolution dated 28.08.2023. Copy of Government by Government Resolution dated 28.08.2023. Copy of Government Resolution dated 28.08.2023 is annexed herewith and marked as Resolution dated 28.08.2023 is annexed herewith and marked as Exhibit - 1.
Exhibit - 1.
9. I say that the aforesaid lands of the Petitioners were not actually
9. I say that the aforesaid lands of the Petitioners were not actually taken into possession at any time by the State Government. I say taken into possession at any time by the State Government. I say that the said lands are in possession of the Petitioners since that the said lands are in possession of the Petitioners since beginning and at present also the Petitioners are using the said beginning and at present also the Petitioners are using the said lands.
lands.
10. I say that there are revenue entries made in the 7/12 extract of
10. I say that there are revenue entries made in the 7/12 extract of the aforesaid lands in favour of the District Resettlement Officer, the aforesaid lands in favour of the District Resettlement Officer, Pune. I say that the said entries will be removed by the Respondent Pune. I say that the said entries will be removed by the Respondent by following due process of law. I hereto annexed and marked 7 12 by following due process of law. I hereto annexed and marked 7 12 extract as Exhibit - 2.
extract as Exhibit - 2.
11. I say that in view of the subsequent developments, the State
11. I say that in view of the subsequent developments, the State Government does not require the aforesaid lands and now there is Government does not require the aforesaid lands and now there is no reason for the state Government to take any steps for - no reason for the state Government to take any steps for - acquisition of the aforesaid lands belonging to the petitioners. acquisition of the aforesaid lands belonging to the petitioners.
12. I say that as such, the Judgement dated 01.03.2019 passed by this
12. I say that as such, the Judgement dated 01.03.2019 passed by this Hon'ble Court does not require any further compliance in view of Hon'ble Court does not require any further compliance in view of the changed circumstances. I say that as such, there is no contempt the changed circumstances. I say that as such, there is no contempt of the Judgment of this Hon'ble Court in Civil Writ Petition of the Judgment of this Hon'ble Court in Civil Writ Petition No.9886 of 2017."
No.9886 of 2017."
6.
The above averments mean that the Respondents are no The above averments mean that the Respondents are no longer interested in the acquisition and consequently, there can be no longer interested in the acquisition and consequently, there can be no compulsion upon the Respondents to proceed with the acquisition and compulsion upon the Respondents to proceed with the acquisition and make any award determining compensation. In such circumstances, we make any award determining compensation. In such circumstances, we decline to initiate any contempt proceedings against the Respondents. decline to initiate any contempt proceedings against the Respondents.
Sayyed 11-CP.5.2024.docx The contempt petitions are accordingly disposed of but with liberty to The contempt petitions are accordingly disposed of but with liberty to the Petitioners to take such steps as they may be advised, in case they the Petitioners to take such steps as they may be advised, in case they have any grievances regards the attempted acquisition. have any grievances regards the attempted acquisition. 7.
The Contempt Petitions are disposed of with liberty in the The Contempt Petitions are disposed of with liberty in the above terms.
above terms.
(Jitendra S. Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 04/01/2025 11:45:51