Bombay High Court
D.R. Bhoite (Vanjari) And Ors vs The State Of Maharashtra Dept. Of ... on 16 December, 2022
Author: M.M.Sathaye
Bench: R.D.Dhanuka, M.M.Sathaye
24.wp-12349 OF 2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12349 OF 2017
Mohan Bapu Vanjari (Bhoi) And Ors. ...Petitioners
Versus
The State Of Maharashtra And Ors. ...Respondents
WITH
Writ Petition NO. 616 OF 2022
D.R. Bhoite (Vanjari) And Ors. ...Petitioners
Versus
The State Of Maharashtra
Dept. Of Industry Energy And Labour And Ors. ...Respondents
WITH
Writ Petition NO. 11227 OF 2016
Mohan Bapu Vanjari (Bhoi) And Ors. ...Petitioners
Versus
The State Of Maharashtra And Ors. ...Respondents
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Mr.Ashutosh M. Kulkarni a/w.Akshay Kulkarni, for Petitioners in all
writ petitions.
Mr.A.P.Vanarase, AGP for State in all three writ petitions
Ms.Shyamali Gadre a/w. Ms.Harshita Bhanushali i/b. Little & Co.,
Advocate for Respondent Nos.2 to 4-MIDC in WP/12349/2017 &
WP/11227/2016.
Mr.Prashant Chawan, Counsel a/w.Ms.Shraddha Chheda i/b.Navdeep
Vora & Associates for Respondent No.2 to 4 in WP/616/2022.
Mr.Nikhil Wadikar a/w.Faiza Shaikh i/b. Nandu Pawar for Respondent
Nos.6 in WP/616/2022 and for Respondent No.5 in WP/11227/2016.
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CORAM : R.D.DHANUKA &
M.M.SATHAYE, JJ.
DATED : 16th DECEMBER, 2022 P.C. :
1. The grievance of the Petitioners in these three writ petitions is Husen Page 1 of 3 ::: Uploaded on - 20/12/2022 ::: Downloaded on - 20/12/2022 22:08:55 :::
24.wp-12349 OF 2017.doc that no Award is made by the MIDC in respect of writ property. No compensation has been paid to the Petitioners under provisions Right to Fair Compensation and Tranparency in Land Acquisition, Rehabilitation and Settlement Act, 2013.
2. Mr.Kulkarni, learned counsel for the Petitioners states that in any event the decision of the High Power Committee of MIDC to delete the writ property from acquisition also has not been implemented till date.
3. Mr.Chawan, learned counsel for the MIDC states that MIDC is likely to take an appropriate decision in view of rival contentions raised by the Petitioners and also the allottees of the plot of land, which was owned by the Petitioners.
4. Considering the controversy involved, we direct the Respondent MIDC to come out with the reasonable solution in this matter and to sort out the differences between the Petitioners and MIDC, considering the fact that the Petitioners' land is already handed over to the allottees of the land.
5. Ms.Gadre, learned counsel for MIDC in WP/12349/2017 & WP/11227/2016, Mr.Chawan, learned counsel for MIDC in WP/616/2022 agree to fnd out resolution. MIDC shall come out reasonable resolution within six weeks from today. If the matter is not amicably resolved, this Court would pass appropriate order after hearing of the all parties in all writ petitions on next date.
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24.wp-12349 OF 2017.doc
6. Place this matter on board for 'Admission' on 13th February, 2023.
7. It is made clear that MIDC would be at liberty to fle affdavit-in- reply for the purpose of placing reasonable resolution on record and if not possible to resolve, to deal with matters on merits within three weeks from today.
(M.M. SATHAYE, J.) (R.D.DHANUKA, J.) Husen Page 3 of 3 ::: Uploaded on - 20/12/2022 ::: Downloaded on - 20/12/2022 22:08:55 :::