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Bombay High CourtCONP/36/2025dismissed

A H Wadia Charity Trust Bombay v. Special Land Acquisition Officer -3 Office Of The Collector

2025-11-14Hon'Ble Shri Justice Farhan Parvez Dubash2 pages

bipin prithiani 33-conp-36.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 36 OF 2025 IN LAND ACQUISITION REFERENCE NO. 18 OF 1988 A H Wadia Charity Trust Bombay & Ors.

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Petitioners

Versus

Special Land Acquisition Officer-3, Office of the Collector & Anr.

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Respondents/ Contemnors ****** Mr. Chaitanya Chavan a/w Niel Patel, Tinaz Kapadia and Unnati Bane i/by L R & Associates for the Petitioners. Mr. Prashant Kambale, AGP for Respondent No.1-State. Adv. Amrut Joshi a/w Radha Bhandari and Nukshinaro i/by M. V. Kini & Co. for Respondent No.2-Airport Authority of India. by BIPIN DHARMENDER PRITHIANI Date: 2025.11.14 18:23:42 +0530 BIPIN DHARMENDER PRITHIANI ****** CORAM : MANISH PITALE, J.

DATE : 14th NOVEMBER 2025 P.C. :

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Heard learned counsel for the petitioners (original claimants).

2.

It is alleged in this contempt petition that the respondents (alleged contemnors) have committed willful disobedience of the order dated 11th December 2024 passed by this Court in Land Acquisition Reference Nos. 18 of 1988 and 19 of 1988, in as much as the directions specifically issued by this Court have been violated. According to the petitioners, they had promptly abided by the direction issued by this Court for submitting calculations for market value payable, within a period of four weeks, but the

bipin prithiani 33-conp-36.25.doc consequent action expected from the respondents has not been forthcoming.

3.

The respondents appear to have filed an appeal to challenge the said judgment and order of the learned Single Judge of this Court and the appeal is pending before the Division Bench of this Court.

4.

The learned counsel appearing for respondent No.2 submits that the said appeal is listed for consideration today before the Division Bench. It is submitted that if an opportunity is granted to file an affidavit in reply, it may clarify that there is, in fact, no willful disobedience on the part of the said respondent. 5.

The learned AGP for respondent No.1 submits that copy of the petition is not served and an opportunity may be granted to clarify the position on facts.

6.

In view of the above, issue notice for ascertainment of facts to the respondents.

7.

Mr. Kambale, learned AGP waives notice on behalf of respondent No.1-State and Mr. Amrut Joshi, learned counsel, waives notice on behalf of respondent No.2.

8.

Reply affidavits be filed within three weeks from today. 9.

List for further consideration on 11th December 2025. MANISH PITALE, J.