Bombay High Court
Dnyaneshwar Laxman Shete vs Rajesh B. Deshmukh, The Collector Of ... on 14 January, 2021
Bench: K.K. Tated, R.I. Chagla
20.3-cpst-96989-2020.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
Jitendra by Jitendra S.
S.
Nijasure CONTEMPT PETITION NO.96989 OF 2020
Date:
Nijasure 2021.01.22
11:20:10 +0530 IN
WRIT PETITION NO.7798 OF 2013
Dnyaneshwar Laxman Shete ...Petitioner
Versus
Dr. Rajesh B. Deshmukh, ...Respondents
The Collector of Pune & Ors.
----------
Mr. Abhishek P. Deshmukh for the Petitioner.
Mr. P.P. Kakade, Govt. Pleader with Mrs. P.J. Gavhane, AGP for State.
----------
CORAM : K.K. TATED &
R.I. CHAGLA, JJ.
DATE : 14 January 2021
ORDER :
1. Heard learned Counsel for the parties.
2. Liberty granted to the Petitioner to delete the names of Respondent Nos.1 and 3 from the cause title. Amendment to be carried out during the course of the day.
3. Learned Counsel appearing for the Petitioner submits that the Respondents failed and neglected to comply with the order dated 25th January, 2019 passed in Writ Petition No.7798 of 2013. Hence he preferred 1/5 20.3-cpst-96989-2020.doc the present Contempt Petition.
4. Learned Counsel for the Petitioner submits that though the Petitioner's land was acquired by the Respondents, they failed and neglected to provide the benefts as per the Maharashtra Project Afected Person Rehabilitation Act, 1999. Therefore, the Petitioner has preferred this Writ Petition. He further submits that this Court vide order dated 25th January, 2019 disposed of said Writ Petition, operative part of the order reads thus:-
ORDER
(i) We direct the District Resettlement Ofcer, Pune to examine the cases of the project afected persons herein with a view to ascertain whether they are project afected persons as claimed by them and whether they are entitled to allotment of lands under the provisions of the Maharashtra Project Afected Persons Rehabilitation Act, 1999;
(ii) We further direct that the Petitioners to appear before the District Resettlement Ofcer, Pune on 11.02.2019 and produce necessary documents along with their Representations claiming benefts. In the event of request made by the Petitioners for grant of time to enable them to furnish the documents, it would be open for the District Resettlement Ofcer to grant further time after considering their Representations together with necessary documents;
(iii) The District Resettlement Ofcer, Pune shall pass appropriate orders as expeditiously as possible and preferably within six months from the date of appearance of the Petitioners before the concerned authority;
(iv) In the event, the District Resettlement Ofcer upholds entitlement of the Petitioners for allotment of land, it would be 2/5 20.3-cpst-96989-2020.doc necessary for the said authorities to take further steps in pursuance of the decision and necessary steps shall be taken as early as possible and preferably within six months from the date of such decision;
(v) It is needless to mention that the Respondent-authority shall have to follow the procedure under Section 16(2) of the Maharashtra Project Afected Persons Rehabilitation Act, 1999 i.e. issuance of notice to the Petitioners calling upon them to express their willingness in respect of allotment of land and on receipt of communication to the notice by the concerned authority, to take further steps expeditiously;
(vi) It would also be obligatory on the part of the Petitioners to deposit the amount within the time stipulated in the Act. In the event of any difculty in respect of allotment of land, it would be obligatory on the part of the authorities to observe the procedure prescribed by law and to pass appropriate orders within the contemplation of sub- section 4 of Section 16 of the Maharashtra Project Afected Persons Rehabilitation Act, 1999.
2. In view of above directions, all Writ Petitions are disposed of.
3. In view of disposal of the petitions, all pending civil applications, if any, stand disposed of.
5. Learned Counsel for the Petitioner submits that as per the order dated 25th January, 2019, the Petitioner appeared before the concerned ofcer. Inspite of that, the Respondents failed and neglected to decide their case within time. Hence he preferred the present Contempt Petition.
6. Learned GP Mr. Kakade appearing for the Respondents - State fled Afdavit in Reply dated 11th January, 2021 duly afrmed by Mr. Uttam R. Patil, Deputy Collector, (Rehabilitation), Pune. Learned GP 3/5 20.3-cpst-96989-2020.doc submits that because of transfer of the concerned ofcer during that period, it remains on their part to comply with the order passed by this Court. He submits that the present Deputy Collector took charge of the said post on 5th October, 2020. He submits that because of pandemic situation and elections of Teachers and Graduates Constituency in Pune, the order dated 25th January, 2019 could not be complied in time. He submits that these facts are contained in paragraph 6 and 7 of the Afdavit in Reply dated 11th January, 2021 which read thus:-
6. I say that after I took charge as Deputy Collector (Rehabilitation), Pune due to pandemic situation and elections of Teachers and Graduates Constituency in Pune, the order dated 25.01.2019 could not be complied with. I tender my unconditional apology for the delay caused in compliance of the abovesaid order. I respectfully say that the directions issued in order dated 25.01.2019 will be complied with in a time bound manner.
7. I say that the application made by the Petitioner for allotment of alternate land will be decided by me after perusing all the documents produced by the Petitioner within a period of eight weeks from the date of passing of the order in the above Contempt Petition.
7. The learned GP submits that the Respondent No.1 Mr. Uttam R. Patil, who is present in Court undertakes to the Court, that he is ready and willing to comply with the said order passed by this Court within a period of eight weeks from today. He submits that in view of 4/5 20.3-cpst-96989-2020.doc this fact, this Hon'ble Court be pleased to dispose of the Contempt Petition without taking any action against Respondents.
8. Considering, the submissions made by the learned Counsel for the Petitioner, the order dated 25th January, 2019 passed in Writ Petition No.7798 of 2013 and the Afdavit in Reply fled by the Respondent No.1 Mr. Uttam R. Patil, Deputy Collector (Rehabilitation), Pune and more particularly paragraph 6 and 7 of the said Afdavit in Reply, we are of the opinion that the Petition be disposed of by passing following order.:-
(a) The unconditional apology tendered by the Respondent No.1 is accepted.
(b) The undertaking given by the Respondent No.1 before this Court is accepted.
(c) Respondent No.1 to comply the order dated 25th January, 2019 within a period of eight weeks from today after following due process of law.
(d) Contempt Petition is disposed of accordingly with no order as to costs.
[R.I. CHAGLA J.] [K.K. TATED, J.]
5/5