Rahul S/O Arunrao Bhoyar v. State Of Maharashtra, Thr. Secretary, Irrigation And Revenue, Mumbai And Others

3.WP.1737.2023.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO. 2551 OF 2024 IN WRIT PETITION NO. 1737 OF 2023 Rahul S/o. Arunrao Bhoyar Vs.

State of Maharashtra & Ors.

__________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P.S. Chawhan, Advocate for the Petitioner. Mr. S.A. Ashirgade, Addl. G.P. for Respondent Nos.1, 3 to 5/State. Mr. K.R. Lule, Advocate for Respondent No.6.

Mr. V.P. Panpaliya, Advocate for Applicants/Intervenors. CORAM : ANIL L. PANSARE AND RAJ D. WAKODE, JJ. DATE : 22 nd DECEMBER, 2025.

CIVIL APPLICATION (CAW) NO. 2551 OF 2024 For the reasons set out in the application, the application is allowed and disposed of. The petitioner shall add the applicants as party respondent Nos.9 and 10. Amendment shall be made forthwith.

WRIT PETITION NO. 1737 OF 2023 2.

Issue notice to the newly added respondent Nos.9 and 10. Mr. V.P. Panpaliya, learned counsel, waives service of notice on behalf of respondent Nos.9 and 10. 3.

The grievance of respondent Nos.9 and 10 is that their land was acquired for the purpose of rehabilitation in the year 2021. The award in terms of Act of 2013 was passed on 4th June, 2021. The compensation, however, is not paid till today.

3.WP.1737.2023.odt 2/2 4.

The counsel for respondent Nos.9 and 10 has invited our attention to correspondence dated 8th June, 2023 made by the then AGP with respondent Nos.3, 4 and 5 stating therein that the Court has directed Authorities to not proceed with the rehabilitation scheme as contemplated in the petition till next Wednesday i.e. 14th June, 2023. He submits that thereafter neither the Court granted any injunction nor was the oral order so mentioned in the communication continued at any point of time. Accordingly, he submits that nothing prevented respondents from paying compensation.

5.

Learned AGP shall take instructions and file an affidavit.

6.

We, however, clarify that, as per record, the Court has not prevented/injuncted respondents from paying compensation to respondent Nos.9 and 10, if otherwise entitled. The respondents shall, accordingly, take appropriate steps, if there is no other legal impediment. 7.

By consent, list after Christmas Vacation.

(RAJ. D. WAKODE, J.) (ANIL L. PANSARE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 22/12/2025 16:17:28