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Bombay High CourtCP/244/2025disposed off

Aganagar Chs Ltd Through Its Poa M/S Prime Developers Through Its Partner Akhil Vijay Agarwal v. Rajendra Bhosale

2025-09-10Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak3 pages

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 244 OF 2025 IN WRIT PETITION NO. 5977 OF 2021 Aganagar CHS Ltd. Through its POA M/s. Prime Developers through its partner Akhil Vijay Agrawal ..Petitioner

Versus

Rajendra Bhosale, The Commissioner Pune Municipal Corporation & Ors.

..Respondents __________ Mr. Nitin P. Deshpande for Petitioner.

Mr. Rajdeep Khadapkar for Respondent Nos.1 & 2. Ms. Kavita N. Solunke Addl.G.P. a/w. B. V. Samant, Addl.G.P. a/w. R. S. Pawar for State/Respondent.

__________ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 10 SEPTEMBER 2025 PC :

1.

This is a contempt petition filed alleging contempt of the order dated 16.04.2024 passed in Writ Petition No.5977 of 2021. The Petitioner in this contempt petition was the original petitioner in that writ petition. The paragraph-4 of the order dated 16.04.2024 in Writ Petition No.5977 of 2021 reads thus: Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.09.12 15:32:06 +0530 VINOD BHASKAR GOKHALE

"4.

Accordingly, we direct the Municipal Corporation and State Authority to finalize the amount of compensation payable to the Petitioner by 30 September 2024. As to what the quantum of the compensation should be, it is left to the authority to consider. We also make it clear that we have proceeded on the basis of position admitted before us regarding the ownership of the Petitioner and if there are any rival claims, we have not commented on the same." 2.

As per these directions, the Municipal Corporation and the State Authority were to finalize the amount of compensation payable to the Petitioner by 30.09.2024. In paragraph-15 of the Affidavit in Reply filed on behalf of the Respondent No.4 - The Deputy Collector (Land Acquisition), it is mentioned that, on 30.09.2024 his office vide its letter No.376 dated 30.09.2024 had already informed to the Pune Municipal Corporation (for short 'PMC') that the compensation amount was fixed at Rs.3,01,21,740/-, and hence, the order dated 16.04.2024 passed in Writ Petition No.5977 of 2021 stood complied with. It is further mentioned in paragraph-15 that the Respondent No.2 i.e. PMC had delayed depositing the said amount with the Respondent No.4. It is further mentioned that the Respondent No.2-PMC had deposited a cheque of the said amount with the office of the Respondent

No.4 on 17.06.2025. There are various other averments in the Affidavit. However, as far as the compliance of the order dated 16.04.2024 is concerned, paragraph-15 is important. Therefore, we are only considering paragraph-15 of the Affidavit in reply. In this view of the matter, we are satisfied that the Respondent No.4 has complied with the directions issued by the Division Bench of this Court on 16.04.2024 in Writ Petition No.5977 of 2021. 3.

Learned counsel appearing for PMC submitted that the cheque of the said amount is deposited on 17.06.2025, and PMC is willing to deposit the balance amount as finally quantified by the Respondent No.4 within a period of four weeks of passing of the Award.

4.

Learned counsel for the Respondent No.4 submitted that the Award will be passed as expeditiously as possible. 5.

In this view of the matter, nothing survives in this contempt petition and it is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)