Vishal Madhukar More And ORS. v. The State Of Maharashtra Through Principal Secretary And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6650 OF 2025 IN WRIT PETITION NO. 2737 OF 2018 by URMILA PRAMOD INGALE Date:

2025.04.17 21:10:01 +0530 URMILA PRAMOD INGALE Vishal Madhukar More ... Applicant In the matter between Vishal Madhukar More and ors.

.. Petitioners

Versus

The State of Maharashtra and ors.

.... Respondents ALONG WITH WRIT PETITION NO. 2737 OF 2018 Vishal Madhukar More and ors.

.. Petitioners

Versus

The State of Maharashtra and ors.

.... Respondents ALONG WITH CIVIL APPLICATION NO. 941 OF 2018 IN WRIT PETITION NO. 2737 OF 2018 Kakade City Through Chairman/Secretary .. Applicant Vs.

Vishal Madhukar More and ors.

.. Respondents ALONG WITH CIVIL APPLICATION NO. 1580 OF 2018 IN WRIT PETITION NO. 2737 OF 2018 Kopre Punarvasan Pratishthan .. Applicant Vs.

Vishal Madhukar More and ors.

.. Respondents

ALONG WITH INTERIM APPLICATION NO. 17983 OF 2023 IN WRIT PETITION NO. 2737 OF 2018 Dattatray Ramchandra Pawar .. Applicant Vs.

The State of Maharashtra and ors.

.. Respondents ALONG WITH PUBLIC INTEREST LITIGATION NO. 135 OF 2009 Shree Kamladevi Gramvikas Pratishthan and ors.

.. Petitioners Vs.

The State of Maharashtra and ors.

.. Respondents ALONG WITH CRIMINAL PUBLIC INTERIM LITIGATION NO. 2 OF 2023 WITH INTERIM APPLICATION NO. 1419 OF 2025 New Kopre Punarvasan Kruti Foundation .. Petitioner Vs.

The State of Maharashtra and ors.

.. Respondents ALONG WITH WRIT PETITION NO. 12670 OF 2019 Mr.Sunny D. Dhavade and ors.

.. Petitioners Vs.

The State of Maharashtra and ors.

.. Respondents ALONG WITH CONTEMPT PETITION NO. 427 OF 2018 Vishal Madhukar Mores and ors.

.. Petitioners Vs.

The State of Maharashtra and ors.

.. Respondents

**** Mr. Prathamesh Bhargude a/w Mr. Sumit Sonare for Applicant in IA/6650/2025 and for petitioner in WP/2737/2018. Mr. Prabhakar M. Jadhav for the Petitioners in PIL/135/2009 and WP/12670/2019.

Mr. Sanjay Koban for petitioner in CRPIL/2/2023. Mr. Ramdas Hake Patil a/w Mr. Sohel Mujawar for Applicant in IA/17983/2023 in WP/2737/2018.

Mr. R. S. Khadapkar - For Respondent No. 3 in WP/2737/2018. Mr. Vaibhav M. Parashurami i/b. Ms.Apoorva L. Thakre for Respondents 5 & 9 in CRPIL/2/2023.

Mr. Vaibhav M. Parashurami i/b. Mr.Vikrant V. Parashurami for respondent No. 7 in WP/2737/2018 and CP/427/2018 and for respondent no. 8 in PIL/135/2009.

Mr. Someshwar Pawale Patil i/b. Mr. Parushottam Gopal Chavan V for Respondent no. 8 in PIL/135/2009.

Mr. Karan Bhosale, Laveena Tejwani, Abdul Basit Kudalkar i/b. Rahul Kate for Respondent Nos. 8 to 10 in WP/2737/2018. Mr. P. P. Kakade, Addl. GP with Mrs. G. R. Raghuwanshi, AGP for State-Respondent No. 1,2 and 4 to 6 in WP/2737/2018, PIL- 135/2009, CP/427/2018, Respondent No. 1,2 in CRPIL/2/2023, Respondent No. 1, 2,5,6 and 9 in WP/12670/2019.

Mrs. M. M. Deshmukh, APP for State in CRPIL/2/2023. **** CORAM : ALOK ARADHE, CJ & M.S.KARNIK, J.

DATE :

16th APRIL, 2025

P.C. :

1.

In the bunch of these writ petitions, the issue is with regard to the rehabilitation of the residents of village Kopare, who were shifted in the year 1942 on account of their land having been requisitioned for World War II by the British Government. In the year 1951, the land in Kopare village was acquired by way of a notification under the Land Acquisition Act, 1894 on 28/08/1951 for National Defence Academy and since then, rehabilitation process of these land-oustees is yet not complete. 2.

This Court by taking note of the aforesaid fact passed an order on 30/07/2024. The beneficiaries of rehabilitation have not been assigned the benefits of rehabilitation. Therefore we are not inclined to vacate adinterim order dated 01/03/2018 at his point of time. However, learned counsel for the respondents no. 8 to 10 is granted an opportunity to seek instructions with regard to the following aspect of the matter. (i) whether respondents no. 8 to 10 are willing to complete the work of construction of 'Skylark' building comprising of ground plus 230 flats ? if yes, within how much time ? (ii) whether respondents no. 8 to 10 are willing to allot the flats to 29 beneficiaries who have not been extended the benefits ?

3.

Let the instructions, if any, on behalf of the respondents no. 8 to 10 be sought by learned counsel for respondents no. 8 to 10 on or before next date of hearing.

3.

List the matter on 23/04/2025.

(M.S.KARNIK, J.) (CHIEF JUSTICE)