Shailesh Sumatilal Gujar And ANR v. The State Of Maharashtra Through Its Chief And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2025.04.09 10:45:04 +0530 PRACHI PRANESH NANDIWADEKAR
(11) WRIT PETITION NO.18642 OF 2024 Chidanand Bhimsha Dindure
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
WITH
(12) WRIT PETITION NO.19466 OF 2024 Dr. Vipul Vilas Shah
...Petitioner
Versus
Union of India & Ors.
...Respondents
WITH
(14) WRIT PETITION NO.402 OF 2025 Shailesh Sumatilal Gujar & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
______________________________________________________ Dr. Ramdas Sabban a/w Mr. Shrikanth Kompelli and Mr. Rohit Chittiken for the petitioners in all petitions. Ms. Savina R. Crasto, AGP for respondent nos.1 & 2 in WP/18642/24.
Ms. M. S. Bane, AGP for respondent nos.1 & 2 in WP/19466/24.
Mr. A. R. Deolekar, AGP for respondent nos.1 & 2 in WP/402/25.
Mr. Sagar Varma (through VC) i/by Mr. Sagar Laddha for Respondent No. 3- NHAI.
______________________________________________________
CORAM:
M.S. Sonak & Jitendra Jain, JJ.
DATED:
08 APRIL 2025
PC:- 1.
In these petitions, the petitioners broadly seek the following reliefs :- (a) for release and payment of compensation towards the acquired land;
(b) for payment of statutory benefits as directed by the Hon'ble Supreme Court in case of Union of India & Anr. Vs Tarsem Singh and Ors.1.
2.
Mr. Sabban states that the award dated 29 September 2022 has determined the compensation as payable to the petitioners. However, the award also states that such compensation cannot be paid to the petitioners because the acquired land is falling under the 'Reserved Forest.' 3.
Mr. Sabban argues that the petitioners submit that they tried to obtain NOC from the Forests Department and the Forests Department has, according to him, stated that they have nothing to do with this land and therefore, they are not in a position to issue NOC.
4.
Since there is no clarity on the above aspects, we direct the petitioners to implead the Deputy Conservator of Forest, Solapur Division, Solapur as respondent. Amendment to be carried out in all the petitions. Reverification is dispensed with.
1 (2019) 9 SCC 304
5.
The State Government and the Deputy Conservator of Forest are directed to file their affidavits in these matters by 2 May 2025. Rejoinder, if any, to be filed by 12 June 2025. 6.
List the matter on 27 June 2025. Subject to the constraints of time, an endeavour shall be made to dispose of these petitions finally at the admission stage. (Jitendra Jain, J) (M.S. Sonak, J)