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Bombay High CourtWP/2655/2025disposed off

Shanta Ramchandra Lakade v. State Of Maharashtra Thro. Principal Secretary Ministry Of Power

2025-02-24Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

37-39-wp-2624-2655-2025.AS.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2624 OF 2025 Shivaji Mahadev Lakade and Anr.

...Petitioners

Versus

State of Maharashtra and Ors.

...Respondents

WITH WRIT PETITION NO.2655 OF 2025 Shanta Ramchandra Lakade

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

__________ Mr. Sushant Prabhune, for the Petitioners.

Mr. Y.D. Patil, AGP for State in WP/2624/2025. Mrs. S.A. Prabhune, AGP for State in WP/2655/2025. Ms. Kavisha Shah a/w Mr. Riz Khan, for the Respondent No.3. __________ by PALLAVI MAHENDRA WARGAONKAR Date:

2025.02.25 20:35:44 +0530 CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

PALLAVI MAHENDRA WARGAONKAR DATE :

24 FEBRUARY 2025 P.C.:

1.

We have heard the learned counsel for the parties on these proceedings.

2.

The learned counsel for the respondent no.3, at the outset, submit that compensation has been paid to the petitioner in respect of the works being carried out by respondent no.3 of laying down transmission lines on the lands belonging to the petitioner. The petitioner, however, has a grievance in regard to the measurements of the actual land being utilized. Pallavi Wargaonkar, PS

37-39-wp-2624-2655-2025.AS.doc Our attention is brought to the order dated 3 January 2025 passed by this Court in Writ Petition No.15310 of 2024 (Vijay Vasudeo Kadam vs. Union of India and Ors.) .

3.

Before we delve on the merits of the rival contentions, we are of the opinion that a fresh panchanama be undertaken in respect of the land being actually utilized for the purpose of the transmission lines as well as for setting up of any transmission tower. Let this be undertaken within two weeks from today. A joint panchanama will be accordingly prepared on a mutually convenient date which will be exchanged between the parties. The Panchanama would also be accompanied with a certificate of the expert in regard to the measurement.

4.

Stand over to 10 March 2025 High on Board.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Pallavi Wargaonkar, PS