Hanumant Vasant Shinde v. Smt Parvati Babu Hankare Deceased Through Alleged Legal Heir

PVR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14789 OF 2023 INTERIM APPLICATION NO.11750 OF 2025 Nisha Chanika Prasad Patel WRIT PETITION NO. 1969 OF 2024 INTERIM APPLICATION (ST) No.22744 OF 2025 Gangaram Vithu Sawant The Union Of India And Ors.

WRIT PETITION NO. 14791 OF 2023 INTERIM APPLICATION No.11752 OF 2025 Premkumar Satya Narayan Patel WRIT PETITION NO. 14790 OF 2023 INTERIM APPLICATION (ST) No.25111 OF 2025 INTERIM APPLICATION (ST) No.22748 OF 2025 Sheeladevi Arvindkumar Patel WRIT PETITION NO. 12197 OF 2023 INTERIM APPLICATION (ST) No.23123 OF 2025

Mr. Ganesh Bhikaji Chavan The Union Of India & Ors WRIT PETITION NO. 11966 OF 2023 INTERIM APPLICATION (ST) No.23149 OF 2025 Jyoti Vishwanath Sawant The Union Of India & Ors.

WRIT PETITION NO. 11967 OF 2023 INTERIM APPLICATION (ST) No.25117 OF 2025 INTERIM APPLICATION (ST) No.34153 OF 2024 Monika Mohan Gavankar WRIT PETITION NO. 12452 OF 2023 INTERIM APPLICATION (ST) No.23148 OF 2025 Mahesh Ankush Parab WRIT PETITION NO. 11874 OF 2023 INTERIM APPLICATION (ST) No.25122 OF 2025 INTERIM APPLICATION (ST) No.15095 OF 2024 Sankuntala Yeshwant Sable

WRIT PETITION NO. 11880 OF 2023 INTERIM APPLICATION (ST) No.25121 OF 2025 Vilas Jagannath Satam WRIT PETITION NO. 11881 OF 2023 INTERIM APPLICATION (ST) No.23153 OF 2025 Shashikant Mulji Nakar WRIT PETITION NO. 11882 OF 2023 INTERIM APPLICATION (ST) No.23272 OF 2025 Mrs. Shobha Ramchandra Khopar Since Decd. Thr Her Legal Heirs

...Petitioner(s)

WRIT PETITION NO. 11883 OF 2023 INTERIM APPLICATION (ST) No.25103 OF 2025 Manjusha Sanjay Paware WRIT PETITION NO. 12453 OF 2023 INTERIM APPLICATION (ST) No.23299 OF 2025 Rajshree Ravindra Nadekar

WRIT PETITION NO. 11884 OF 2023 INTERIM APPLICATION (ST) No.23135 OF 2025 Mangal Anand Ingale WRIT PETITION NO. 11885 OF 2023 INTERIM APPLICATION (ST) No.22740 OF 2025 Alka Deepak Badpe WRIT PETITION NO. 11886 OF 2023 INTERIM APPLICATION (ST) No.25114 OF 2025 Sanjay Bhagoji Chavan WRIT PETITION NO. 11889 OF 2023 INTERIM APPLICATION (ST) No.23817 OF 2025 Dhoopraj Mittho Sharma WRIT PETITION NO. 15106 OF 2024 INTERIM APPLICATION (ST) No.23286 OF 2025 Mr. Sunil V. Jamburge

WRIT PETITION NO. 12198 OF 2023 INTERIM APPLICATION (ST) No.23144 OF 2025 INTERIM APPLICATION No.15111 OF 2024 Mr. Nilesh Vilas Parab WRIT PETITION NO. 15107 OF 2024 INTERIM APPLICATION (ST) No.23152 OF 2025 Kedar Eknath Telang WRIT PETITION NO. 5512 OF 2024 INTERIM APPLICATION (ST) No.23318 OF 2025 INTERIM APPLICATION (ST) No.34187 OF 2024 Prachi Prashant Raghav WRIT PETITION NO. 6948 OF 2024 Sandhyarani Kunal Panigrahy WRIT PETITION NO. 15623 OF 2024 INTERIM APPLICATION (ST) No.23833 OF 2025 INTERIM APPLICATION (ST) No.34183 OF 2024 Prithviraj Balwant Dhumal

WRIT PETITION NO. 15618 OF 2024 INTERIM APPLICATION (ST) No.23836 OF 2025 INTERIM APPLICATION No.15101 OF 2024 Mr. Dashrath Rajaram Dalvi WRIT PETITION NO. 15616 OF 2024 INTERIM APPLICATION (ST) No.23304 OF 2025 INTERIM APPLICATION No.15110 OF 2024 Mrs. Sarita Ganesh Chavan WRIT PETITION NO. 15614 OF 2024 INTERIM APPLICATION (ST) No.23158 OF 2025 Mrs. Madhu Nanji Gohil WRIT PETITION NO. 15648 OF 2024 INTERIM APPLICATION (ST) No.23316 OF 2025 Mrs. Vidhya Hasmukh Dedhia WRIT PETITION NO. 7026 OF 2024 INTERIM APPLICATION (ST) No.23162 OF 2025

INTERIM APPLICATION No.15103 OF 2024 Mr. Mulchand Shobnath Vishwakarma WRIT PETITION NO. 7025 OF 2024 INTERIM APPLICATION (ST) No.25119 OF 2025 Mr. Rajesh Shankar Indalkar WRIT PETITION NO. 15621 OF 2024 INTERIM APPLICATION (ST) No.23278 OF 2025 Mrs. Sumati Keshav Samgiskar WRIT PETITION NO. 15645 OF 2024 INTERIM APPLICATION (ST) No.23822 OF 2025 Mr. Sunil Gopinath Giri WRIT PETITION NO. 9532 OF 2024 INTERIM APPLICATION (ST) No.23827 OF 2025 INTERIM APPLICATION (ST) No.34148 OF 2025 Mrs. Ramchandra Mahipat Nachare

WRIT PETITION NO. 15641 OF 2024 INTERIM APPLICATION (ST) No.23161 OF 2025 Mr. Rajpal Havasingh Malik WRIT PETITION NO. 15629 OF 2024 INTERIM APPLICATION (ST) No.23155 OF 2025 INTERIM APPLICATION (ST) No.15105 OF 2024 Mr. Nilesh Jayram Shinde WRIT PETITION NO. 6882 OF 2024 INTERIM APPLICATION (ST) No.23289 OF 2025 Mr. Rakesh Ramesh Chavan WRIT PETITION NO. 6947 OF 2024 INTERIM APPLICATION (ST) No.23130 OF 2025 Mr. Munnalal Sabhajeet Gupta WRIT PETITION NO. 7045 OF 2024 INTERIM APPLICATION (ST) No.25101 OF 2025 Mr. Sunil Tayaram Manyar

WRIT PETITION NO. 7255 OF 2024 INTERIM APPLICATION (ST) No.23319 OF 2025 Mrs. Sunita Munnalal Gupta WRIT PETITION NO. 7254 OF 2024 INTERIM APPLICATION (ST) No.23300 OF 2025 Mr. Surendra Kailas Sahu WRIT PETITION NO. 15612 OF 2024 INTERIM APPLICATION (ST) No.23277 OF 2025 Sudam Baban Dunge WRIT PETITION NO. 12196 OF 2023 INTERIM APPLICATION (ST) No.23808 OF 2025 Vaishnavi Prashant Dudhavadkar WRIT PETITION NO. 9512 OF 2024 INTERIM APPLICATION (ST) No.23820 OF 2025 Balaram Sudam Bhoir

WRIT PETITION NO. 16504 OF 2023 INTERIM APPLICATION (ST) No.23830 OF 2025 Sharad Vaman Gaikwad WRIT PETITION NO. 10287 OF 2024 INTERIM APPLICATION (ST) No.23137 OF 2025 Sameer Shanidas Bhoir WRIT PETITION NO. 7077 OF 2024 INTERIM APPLICATION (ST) No.23811 OF 2025 INTERIM APPLICATION (ST) No.34174 OF 2024 Mrs. Dropadi Satish Patil WRIT PETITION NO. 12193 OF 2023 INTERIM APPLICATION (ST) No.23819 OF 2025 INTERIM APPLICATION No. 15096 OF 2024 Mr. Dudwadkar Tanish Praphull And Anr WRIT PETITION NO. 7253 OF 2024 INTERIM APPLICATION (ST) No.23160 OF 2025 Mrs. Nirmala Devraj Kandbala

WRIT PETITION NO. 7028 OF 2024 INTERIM APPLICATION (ST) No.23839 OF 2025 INTERIM APPLICATION No.15106 OF 2024 Mr. Roshan Rajendra Jadhav WRIT PETITION NO. 7246 OF 2024 INTERIM APPLICATION (ST) No.23157 OF 2025 Mr. Jaidev Vaman Gaikwad WRIT PETITION NO. 5510 OF 2024 INTERIM APPLICATION (ST) No.25115 OF 2025 Mr. Santosh Popat Indalkar WRIT PETITION NO. 7252 OF 2024 INTERIM APPLICATION (ST) No.23136 OF 2025 Mrs. Jyoti Baban Devkule WRIT PETITION NO. 7027 OF 2024 INTERIM APPLICATION (ST) No.23798 OF 2025 Mrs. Bhagyashree Rane

WRIT PETITION NO. 7248 OF 2024 INTERIM APPLICATION (ST) No.25108 OF 2025 Mr. Subhash S Panhalekar WRIT PETITION NO. 15922 OF 2024 INTERIM APPLICATION (ST) No.23824 OF 2025 Mr. Santosh Pandurang Jadhav WRIT PETITION NO. 12199 OF 2023 INTERIM APPLICATION (ST) No.23843 OF 2025 Anil Devaji Nawale WRIT PETITION NO. 7245 OF 2024 INTERIM APPLICATION (ST) No.34155 OF 2024 INTERIM APPLICATION (ST) No.22734 OF 2025 Ashok Maruti Berade WRIT PETITION NO. 15651 OF 2024 INTERIM APPLICATION (ST) No.25120 OF 2025

INTERIM APPLICATION (ST) No.34179 OF 2024 Krishna Maruti Berade (NOT ON BOARD TAKEN ON BOARD MATTERS) WRIT PETITION NO. 17472 OF 2024 INTERIM APPLICATION (ST) No.22736 OF 2025 INTERIM APPLICATION (ST) No.34160 OF 2024 WRIT PETITION NO. 11961 OF 2023 INTERIM APPLICATION (ST) No.25118 OF 2025 WRIT PETITION NO. 12454 OF 2023 INTERIM APPLICATION (ST) No.23803 OF 2025 WRIT PETITION NO. 14790 OF 2023 INTERIM APPLICATION (ST) No.22748 OF 2025 INTERIM APPLICATION (ST) No.25111 OF 2025 WRIT PETITION NO. 12200 OF 2023 INTERIM APPLICATION (ST) No.23309 OF 2025 WRIT PETITION NO. 11963 OF 2023 INTERIM APPLICATION (ST) No.23307 OF 2025 INTERIM APPLICATION (ST) No.34009 OF 2024 WRIT PETITION NO. 11965 OF 2023

INTERIM APPLICATION (ST) No.23313 OF 2025 INTERIM APPLICATION (ST) No.24162 OF 2024 _______________ Mr. V. A. Gangal with Mr. Anurag Kulkarni, with Ms. Shweta Parab and Mr. A. P. Mandlik, for Petitioner. Mr. A.I. Patel, Additional Government Pleader with Ms. Savita Prabhune, AGP for the State. Mr. Pradnya R. Bansode, for Respondent No.2.

__________

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

17 SEPTEMBER 2025.

P.C.

1.

This batch of petitions raises common issues of facts and law. The prayers as made in the petitions are also common. Illustratively, we are noting the prayers in the first petition being Writ Petition No. 12197 of 2023 (Mr. Ganesh Bhikaji Chavan vs. Union Of India & Ors.) which read thus: "a) This Hon'ble Court is pleased to call for record and proceeding from respondent No.2 and 3 and after verifying the legality and propriety their be pleased to issue writ of Certiorari and any other appropriate writ or order or direction and quash and set aside the impugned notice No.

K.D./Te-2/Bhusampadan/DFCCIL/Ka.V.1110/23 Dated:21/08/2023 Exhibit B herein.

b) Issue writ of Mandamus and/or any other appropriate writ, order or directions and direct respondent No.2 & 3 not to take possession of petitioners room unless and until determining and paying the compensation for structure of the petitioner standing on the part of the land being survey No.23 Village Bhopar, Taluka Kalyan, District Thane."

2.

The petitioners in the present proceedings are claiming directions in respect of their rooms/tenements which were constructed between 2012 to 2019 on the land bearing Survey No.23, Village Bhopar, Tal. Kalyan, District Thane. In respect of the land in question, a land acquisition award was passed in the year 2013 for the purpose of acquisition by respondent No.2 - Dedicated Freight

Corridor Corporation established by Union of India, which is not in dispute. It appears that there is dispute in regard to the legality of the construction which was undertaken on the said survey number and in respect of which a notice dated 21 August 2023 i.e. the impugned notice came to be issued by the Sub Divisional Officer, Kalyan, calling upon the petitioners to hand over possession of their tenements as they were on the land which was acquired and subject matter of award dated 19 March 2013. The petitioners accordingly approached this Court in the present proceedings seeking protective reliefs as noted by us hereinabove. 3.

The petitions have since then remained pending. Interim Applications are placed on record by some of the petitioners, the prayers in which are similar. We may refer to Interim Application (st) No.34153 of 2024 in Writ Petition No.11967 of 2023 (Mrs. Monika Mohan Gavankar Vs. The Union of India & Ors.) wherein a specific statement has been made that the present proceedings were listed before appropriate Bench on 3 October 2023 at Sr.Nos.47 and 48, however, the matters did not reach till the rising of the Court and hence, no adinterim protection was granted. It is stated that on 4 October 2023 in the morning, the respondent's officials came with the police machinery and have demolished the structures in question which were the chawls despite persistent opposition from the petitioners. In this view of the matter, it clearly appears that the prayers as made in the petitions challenging the notices directing the petitioners to vacate the premises, has become infructuous. 4.

Mr. Gangal, learned Senior Counsel for the petitioners, however, submits that the petitioners have an entitlement to claim compensation in respect of their

structures which were demolished. As these are not the prayers in the petitions, we accept Mr. Gangal's request that the petitioners be permitted to make appropriate applications in the event the petitioners are entitled to receive compensation. The applications be listed before the Designated Officer. Mr. Gangal states that such applications would be made within a period of six weeks from today. If such applications are made, the same be decided by the Designated Officer in accordance with law. All contentions of the parties in that regard are expressly kept open.

5.

We accordingly disposed of these petitions in terms of the aforesaid orders. No costs.

Order on Interim Applications 6.

These interim applications are filed by the petitioners whereby prayers are made to amend the petition and place on record their claims for compensation. As we have already permitted the petitioners to take recourse under the procedure in law to claim compensation, such Interim Applications would not survive. All such contentions of the petitioners in the Interim Applications are expressly kept open. All the Interim Applications are accordingly disposed of. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.)