Bombay High Court
Rajeev Kumar Damodarprasad Bhadani And ... vs The Executive Engineer And Ors on 30 August, 2023
Author: M. M. Sathaye
Bench: B. P. Colabawalla, M. M. Sathaye
25 wp 1430-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1430 OF 2022
Rajeev Kumar Damodarprasad Bhadani & Ors. .. Petitioners
Digitally signed
by LAXMI
LAXMI SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
Versus
2023.09.01
11:10:35 +0530
The Executive Engineer & Ors. .. Respondents
Mr. Vishwajit Singh, Senior Counsel a/w Yatin R. Shah and Vipul
Makwana for the Petitioners.
Mrs Ayodhya Patki a/w Asmita Kamble i/b. Kshitija Wadatka &
Associate for Respondent No.1.
Mr. Sandesh Patil i/b. Chintan Shah for Respondent No.2.
Mr. A. I. Patel, Addl. G.P. a/w R. S. Pawar, AGP for the State-
Respondent No.3.
CORAM : B. P. COLABAWALLA &
M. M. SATHAYE, JJ.
DATE : AUGUST 30, 2023
P. C.
1. The dispute in the above Writ Petition is in relation to the area admeasuring 9700 sq.mtrs. which is a part of Survey No. 432 (P) at Panchpakhadi, Thane. This area of 9700 sq.mtrs. has been taken over by Respondent No.1 for construction of a 22 K.V. Sub-Station and possession of the same is with Respondent No.1 since the year 1984. Page 1 of 3
AUGUST 30, 2023 Laxmi ::: Uploaded on - 01/09/2023 ::: Downloaded on - 01/09/2023 22:15:53 ::: 25 wp 1430-22.doc However, till date, no acquisition proceedings have been initiated and no compensation has been paid to the Petitioners, is the grievance made in the above Petition.
2. Respondent No.1 has filed an affidavit in reply in which it is stated that at the time of taking possession itself, Respondent No.1 had already moved the Government to notify the said plot for acquisition under Sections 128 and 129 of the MRTP Act.
3. Mr. Patel, the learned AGP appearing for the State, on instructions, stated that they have till date not received any proposal from Respondent No.1 for acquisition of the area admeasuring 9700 sq.mtrs. of the Petitioner's land, and on which the 22 K.V. Sub-Station is constructed.
4. Considering these circumstances, we direct Respondent No.1 to file a further affidavit bringing on record the proposal forwarded to the State Government for the purpose of the acquisition of the subject property, if any. If no such proposal is sent to the State Government, then it should be clearly stated in the affidavit as to when the proposal for acquisition would be sent by Respondent No.1 to the State. Once this Page 2 of 3 AUGUST 30, 2023 Laxmi ::: Uploaded on - 01/09/2023 ::: Downloaded on - 01/09/2023 22:15:53 ::: 25 wp 1430-22.doc affidavit is filed by Respondent No.1, we shall thereafter pass further orders and directions in the above Writ Petition.
5. This affidavit of Respondent No.1 shall be filed on or before 27th September, 2023 and a copy of the same shall be served on the Advocate appearing for the Petitioners as well as the Respondents.
6. Stand over to 27th September, 2023.
7. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [ M. M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] Page 3 of 3 AUGUST 30, 2023 Laxmi ::: Uploaded on - 01/09/2023 ::: Downloaded on - 01/09/2023 22:15:53 :::