Bombay High Court
Shri. Shankar Rambhau Bendure vs Shri. S. M. Gaikwad, Addl. Collector And ... on 9 July, 2021
Author: Surendra P. Tavade
Bench: Sadhana S. Jadhav, Surendra P. Tavade
6.CP197.2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 197 OF 2020
Vishnu Darku Kalawade. ... Petitioner.
V/s.
S.M. Gaikwad & ors. ... Respondents.
ALONGWITH
CONTEMPT PETITION (ST. ) NO. 1102 OF 2021
CONTEMPT PETITION (ST. ) NO. 1126 OF 2021
CONTEMPT PETITION (ST. ) NO. 5253 OF 2020
CONTEMPT PETITION NO. 206 OF 2020
CONTEMPT PETITION NO. 201 OF 2020
CONTEMPT PETITION (ST. ) NO. 5335 OF 2020
CONTEMPT PETITION (ST. ) NO. 5337 OF 2020
CONTEMPT PETITION (ST. ) NO. 5339 OF 2020
CONTEMPT PETITION (ST. ) NO. 5342 OF 2020
CONTEMPT PETITION (ST. ) NO. 5343 OF 2020
CONTEMPT PETITION NO. 198 OF 2020
CONTEMPT PETITION NO. 195 OF 2020
CONTEMPT PETITION (ST. ) NO. 5350 OF 2020
CONTEMPT PETITION NO. 204 OF 2020
..............
Mr. Drupad Patil, advocate for petitioners.
Mr. S.S. Panchore, AGP a/w. Mr. P.G. Sawant, AGP for State.
ALONGWITH
CONTEMPT PETITION NO. 38 OF 2021
CONTEMPT PETITION NO. 39 OF 2021
CONTEMPT PETITION NO. 48 OF 2021
CONTEMPT PETITION NO. 49 OF 2021
CONTEMPT PETITION NO. 47 OF 2021
CONTEMPT PETITION NO. 52 OF 2021
CONTEMPT PETITION NO. 54 OF 2021
Talwalkar 1 of 4
::: Uploaded on - 09/07/2021 ::: Downloaded on - 10/07/2021 06:06:59 :::
6.CP197.2020.doc
CONTEMPT PETITION NO. 58 OF 2021
CONTEMPT PETITION NO. 51 OF 2021
CONTEMPT PETITION NO. 8 OF 2021
CONTEMPT PETITION NO. 55 OF 2021
CONTEMPT PETITION NO. 56 OF 2021
CONTEMPT PETITION NO. 50 OF 2021
CONTEMPT PETITION NO. 53 OF 2021
CONTEMPT PETITION NO. 46 OF 2021
CONTEMPT PETITION NO. 57 OF 2021
CONTEMPT PETITION NO. 14 OF 2021
-------------------
Mr. Manoj A. Patil i/b. Mr. Ashish P. Pawar, advocate for Petitioners.
Mr. S.S. Panchore, AGP a/w. Mr. P.G. Sawant, AGP for State.
---------------------
CORAM : SMT. SADHANA S. JADHAV &
SURENDRA P. TAVADE, JJ.
DATE : JULY 9, 2021.
(Through Video Conferencing) P.C. 1 Learned Counsel for the Contempt Petitioners has drawn attention of this Court to the affidavit filed by the Principal Secretary to the State of Maharashtra dated 8th April, 2021, wherein it is specifically stated that the eligible petitioners in the present contempt petitions require approximately 26 Hectares of land for distribution as alternate land and therefore, the same will be allotted to them from the remaining 45 H 22 R as mentioned at the places stated in paragraph-7 of the Talwalkar 2 of 4 ::: Uploaded on - 09/07/2021 ::: Downloaded on - 10/07/2021 06:06:59 :::
6.CP197.2020.doc affidavit filed by the Principal Secretary to the State of Maharashtra. 2 The Contempt Petitioner has filed a counter affidavit dated 21st June, 2021 to this Affidavit and has specifically stated that upon taking search report, it has transpired that out of 45 Hectares and 22 R, which the State has agreed to allot to the petitioners as an alternative land, the land admeasuring 39 H 17 R is already transferred in the name of Executive Engineer, Irrigation Department and at present land admeasuring only 6 Hectares is available for the purpose of allotment. The Contempt Petitioner has also placed on record 8A Extract of 39.17 Hectares land. 8A Extract shows that the said land is cultivable land and is already transferred in the name of the Executive Engineer, Irrigation Department, State of Maharashtra. The said 8A Extract is a public document and the same is placed on record by the Contempt Petitioner. 3 This transfer of land of more than 39 Hectares in favour of the Irrigation Department despite an affidavit filed by the Principal Secretary to the State of Maharashtra is only an attempt to mislead the project affected person and the Court.
4 Learned AGP appearing for the State submits that before it
Talwalkar 3 of 4
::: Uploaded on - 09/07/2021 ::: Downloaded on - 10/07/2021 06:06:59 :::
6.CP197.2020.doc
is presumed that there is an attempt to mislead the Court and project affected person, it would be necessary to give an opportunity to the State to verify the factual position and the documents annexed by the Contempt Petitioner to the rejoinder filed by the Contempt Petitioner. 5 In the interest of justice, the State deserves an opportunity by way of last chance. The State is granted two weeks time to file an affidavit after verification of the documents as well as physical possession of 45 Hectares reserved for allotment to the project affected person alongwith affidavit.
6 In the meanwhile, the Petitioners represented by Advocate Mr. Manoj Patil are also at liberty to file an affidavit. The office shall take the affidavit on record. The advocate Mr. Patil shall file affidavit within one week and serve copy upon the learned AGP forthwith. 7 The matter be fixed on 30/7/2021.
(SURENDRA P. TAVADE, J) (SMT. SADHANA S. JADHAV, J)
Talwalkar 4 of 4
::: Uploaded on - 09/07/2021 ::: Downloaded on - 10/07/2021 06:06:59 :::