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Ramchandra Pandurang Chavan Decd Thru Lr Muktabai R Chavan And ANR v. The Collector, Kolhapur And ORS

2025-04-08Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere2 pages

15.WP-504.25.DOCX ppn

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 (15)WRIT PETITION NO.504 OF 2025 Ramchandra Pandurang Chavan & Anr.

...Petitioners

Versus

The Collector, Kolhapur & Ors.

...Respondents

______________________________________________________ Mr. Sanjeev Kadam, Senior Advocate a/w Ms. Varsha Thorat i/by Mr. Akshay R. Kapadia for the petitioners. Ms. Savina R. Crasto, AGP for respondent Nos.1 to 3, 5, 6 & 10.

______________________________________________________

CORAM:

M.S. Sonak & Jitendra Jain, JJ.

DATED:

08 APRIL 2025 PC:- 1.

Heard Mr. Kadam, learned Senior Advocate for the petitioners.

2.

Leave to amend. Amendment to be carried out within a week. Amended copies of the petition to be served upon the learned AGP and the other respondents.

3.

Issue notice to the respondents, returnable 27 June 2025. Ms. Crasto, learned AGP waives service on behalf of respondent nos.1 to 3, 5, 6 and 10.

4.

In addition to the usual mode of service, private service/hamdust is permitted. The petitioner to file an affidavit of service.

5.

Mr. Kadam points out that the petitioners' main grievance is that along with the acquired portion even

15.WP-504.25.DOCX unacquired portion of the petitioners' property has been taken over. He points out that the petitioner's house located in the unacquired portion is being demolished. He submits that the respondents must either acquire the unacquired portion and pay proper compensation to the petitioner in terms of the law or otherwise stop interfering with the unacquired portion and pay compensation for the demolition of the house and taking away the belongings therein.

6.

Accordingly, we direct the Deputy Collector of Land Acquisition (Respondent No.2) and Project Director of National Highway Authority of India (Respondent No.4) to file a detailed affidavits responding the allegations in the petition. Such affidavit must be filed and served by 17 June 2025. Rejoinder, if any, to be filed by 27 June 2025. 7.

List the matter on 4 July 2025.

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