Ramdas Pandhurang Rere v. The Sub-Divisional Officer, Igatpuri-Trimbakeshwar , Sub-Div. Nashik And ORS

JYOTI RAJESH MANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by JYOTI RAJESH MANE Date: 2025.12.16 16:44:22 +0530 WRIT PETITION NO.16432 OF 2025 Ramdas Pandhurang Rere

...Petitioner

Versus

The Sub-Divisional Officer, Igatpuri-Trimbakeshwar , SubDiv. Nashik And Ors

...Respondents

WITH WRIT PETITION NO. 14658 OF 2025 WITH WRIT PETITION (ST) NO. 36973 OF 2025 (Not on board. Taken on board) _______ Mr. Sandesh S. Shinde i/b. Mr. Rameshwar N. Gite, for Petitioner. Mr. Prashant Chawan Senior Advocate a/w. Mr. Meet Vora, Ms.Komal Jadhav & Ms. Hasmita Patil, for Respondent No.3.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

10th December 2025 P.C.

1.

Learned counsel for the Petitioner in Writ Petition No. 14658/25 and Writ Petition (St) No.36973/25 states that these two Petitions be also disposed of alongwith the aforesaid Petition.

2.

The land of the Petitioner in these Petitions is proposed to be acquired by the acquiring body Maharashtra Industrial Development Corporation (M.I.D.C). At the outset learned counsel for the Petitioner would urge that the cause of action as raised in the Petition is similar to the cause which was pursued in batch of Petitions viz. Writ Petition No.7644/2024, on which the detailed order

came to be passed by this Court on 1st October 2025. The said Petitions were disposed of in terms of the following operative order :- (i)The procedure as set into motion to acquire the land of the petitioner under sub-section (2) of Section 32 shall be strictly carried out in accordance with law, that is on consideration of the objections of the petitioners as also of the respective Gram Sabha's and Panchayat Samiti's and after granting an opportunity of hearing all the concerned, such objections shall be first decided, before taking any decision on the acquisition of the land. It is only after such reasoned decision is made known to the petitioners, the Gram Sabha's and Panchayat Samiti, further steps be taken under Section 32 of the MID Act.

(ii) Status quo as on date in regard to the possession as also the mutation entries shall be maintained till the final appropriate decision in the manner known to law is taken.

(iii) All contentions of the parties on the acquisition proceedings are expressly kept open.

3.

Learned counsel for the Petitioner would submit that these Petitions be also disposed of in terms of the aforesaid order. Mr. Chawan, learned Senior Advocate, for the M.I.D.C. (the acquiring body) would also not be averse to the contentions as urged on behalf of the Petitioners. We accordingly dispose of these Petitions in terms of the following order:

ORDER

(I) The procedure as set into motion to acquire the land of the petitioner under sub-section (2) of Section 32 shall be strictly carried out in accordance with law, that is on consideration of the objections of the petitioners as also of the respective Gram Sabha's and Panchayat Samiti's and after granting an opportunity of hearing to all the concerned, such objections shall be first decided, before taking any decision on the acquisition of the land. It is only after such reasoned decision is made known to the petitioners, the Gram Sabha's and Panchayat Samiti, further steps be taken under Section 32 of the MIDC Act.

(ii) Status quo as on date in regard to the possession as also the mutation entries shall be maintained till the final appropriate decision in the manner known to law is taken.

(iii) All contentions of the parties on the acquisition proceedings are expressly kept open.

4.

The Petitions are accordingly disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.)