Bombay High Court
Ganpat Baju Pmbhale (Deceased) Thr. ... vs Vijay Deshmukh, Additional Collector on 2 February, 2021
Bench: K.K. Tated, R.I. Chagla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION (ST.) NO. 99762 OF 2020
Kanhu Baban Navale ... Petitioner
Versus
Vijay Deshmukh & Ors. ... Respondents
WITH
CONTEMPT PETITION NO. 8 OF 2021
WITH
CONTEMPT PETITION (ST.) NO. 97733 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 97358 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 97466 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 97642 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 97686 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 97735 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 97738 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 99899 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 201 OF 2021
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WITH
CONTEMPT PETITION (ST.) NO. 514 OF 2021
WITH
CONTEMPT PETITION (ST.) NO. 97350 OF 2020
WITH
CONTEMPT PETITION (ST.) NO. 1397 OF 2021
WITH
CONTEMPT PETITION (ST.) NO. 1404 OF 2021
WITH
CONTEMPT PETITION (ST.) NO. 1565 OF 2021
WITH
CONTEMPT PETITION (ST.) NO. 1679 OF 2021
.........
Mr. Manoj A. Patil i/b Mr. Ashish P. Pawar for the Petitioner.
Mr. S.S. Panchpor, A.G.P. for the Respondent-State in CPST/99762/2020,
CP/8/2021, CPST/97733/2020, CPST/97358/2020, CPST/97466/2020.
Ms. P.J. Gavhane, A.G.P. for the Respondent-State in CPST/99642/2020,
CPST/97686/2020, CPST/97735/2020.
Mr. V.S. Gokhale, 'B' Panel Counsel, A.G.P. for the Respondent-State in
CPST/97738/2020, CPST/99899/2020, CPST/201/2021.
Mr. R.P. Kadam, A.G.P. for the Respondent-State in CPST/514/2021,
CPST/97350/2020, CPST/1397/2021.
Mr. C.D. Mali, A.G.P. for the Respondent-State in CPST/1404/2021,
CPST/1565/2021, CPST/1679/2021.
.........
CORAM : K.K. TATED &
R.I. CHAGLA, JJ.
DATE : 2nd FEBRUARY, 2021.
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P.C. :-
1 Heard learned Counsel for the parties.
2 Liberty is granted to the Petitioners to carry out amendment in the
cause title of all the Contempt Petitions adding the State Government as a
party.
3 The learned Advocate for the Petitioners directed to provide the
copies of all the Contempt Petitions to the office of Government Pleader on or
before 05.02.2021 and file affidavit of service.
4 By all these Contempt Petitions, the Petitioners have alleged that
the Respondents failed and neglected to comply the order dated 27.10.2016
passed by this Court in Review Petition (Stamp) No.34787 of 2015. The
operative part of the said order reads thus :
"16 We dispose of the Review Petition by passing following
order:
ORDER
"(i) We direct the Deputy Collector (Resettlement), Pune to examine the case of the Petitioners/Respondents herein with a view to ascertain whether they are project affected persons as claimed by them and whether they are entitled to allotment of lands under the provisions of the Maharashtra Project Waghmare 3 / 8 12-12.16.cpst.99762.20 wt..doc Affected Persons Rehabilitation Act, 1999 or under similar enactments;
(ii) We direct the Respondents/original Petitioners to appear before the Deputy Collector (Resettlement), Pune on 3 January 2017 at 12.30 p.m. The Respondents/original Petitioners will produce necessary documents in their custody along with a Representation. If the Respondents/original Petitioners herein are not in possession of all the documents, the Deputy Collector (Resettlement), Pune shall grant time of three months to them to produce the relevant documents from the date fixed for appearance;
(iii) In the event, the Respondents/original Petitioners produce evidence to show that their Application for grant of heirship certificate/succession certificate/probate/letters of Administration is pending, on being satisfied that such Application is pending, the Deputy Collector (Resettlement), Pune shall extend the time of three months provided in this order and shall grant a reasonable time to enable the Respondents/original Petitioners to obtain necessary grant from the concerned Court;
(iv) We direct the Deputy Collector (Resettlement), Pune to consider documents and to pass an order recording brief reasons. The order shall be passed within a period of three months from the date on which time granted to the Respondents/original Petitioners to produce documents expires. A copy of the order passed by the Deputy Collector Waghmare 4 / 8 12-12.16.cpst.99762.20 wt..doc (Resettlement) Pune shall be served upon the Respondents/ original Petitioners;
(v) If the Deputy Collector (Resettlement), Pune is satisfied that the Respondents/original Petitioners are the project affected persons or legal representatives of the project affected persons and/or otherwise are entitled to allotment of a land, the State shall ensure that the Collector or appropriate authority of the State immediately issues a notices to the Respondents/original Petitioners under clause (a) of sub- section (2) of section 16 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. Notices shall be issued either by RPAD and/or by hand delivery;
(vi) It will be open for the Respondents/original Petitioners to communicate their willingness to accept the grant of a land within a period of 45 days from the date of receipt of such notices from the Collector/Competent Authority;
(vii) The Respondents/original Petitioners shall deposit with the Collector (Resettlement), Pune, 65% amount of the compensation received by them or their predecessors for the land acquired from them or the likely cost of the land granted to them, whichever is less at the time of payment of such compensation to the Respondents/original Petitioners;
(viii) The operative part of the order in the Writ Petition shall stand deleted. The operative part will stand substituted by this order;
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(ix) Needless to add that adjudication will be made by the Deputy Collector (Resettlement), Pune in the light of the discussion made in this order. We clarify that the Respondents/Original Petitioners will not be required to produce evidence to show that an Application under sub- section (1) of section 16 of the said Act has been made either by them or by their predecessors. We also clarify that even assuming that the Respondents/original Petitioners or their predecessors in title have made statements before the Land Acquisition Officer stating that they are not interested in allotment of alternate land, such statements shall not amount to waiver of their right of allotment of land by way of Rehabilitation;
(x) If an order is made by the Deputy Collector (Resettlement), Pune, holding that the Respondents/ Petitioners are not project affected persons only on the ground that they have not produced requisite documents, it will be open to them to submit their requisite documents within a maximum period of six months from the date of communication of the order to them. If within such time, they produce the relevant documents, their cases shall be reconsidered by the Deputy Collector (Resettlement), Pune. We also make it clear that there will not be any question of giving any further opportunity to produce the documents after expiry of the aforesaid period of six months.
(xi) Review Petition stands disposed of on above terms."
Waghmare 6 / 812-12.16.cpst.99762.20 wt..doc 5 The learned Counsel for the Petitioners submits that pursuant to the said order passed by this Court, the Office of the Collector vide their letter called upon the Petitioners to deposit 65% amount. He submits that pursuant to the said letter, they deposited 65% amount with the Respondents. In support of this contention, the Petitioners are relying on the challan annexed to the Contempt Petitions. He submits that although the amount was deposited with the Respondents in the year 2018, till today the alternate land is not provided by the Respondents. Hence, the Petitioners informed the Respondents that some land are available for allotment, so they must take immediate steps to do so. Inspite of that the Respondents failed and neglected to do so. Hence, the Petitioners filed the present Contempt Petitions.
6 The learned Counsel for the Petitioners submits that in similar matter this Court, by order dated 21.01.2021 and in Contempt Petition No.197 of 2020 Vishnu Darku Kalawade vs. S.M. Gaikwad and others, directed the Respondents to file their affidavit-in-reply explaining why they failed and neglected to comply with the orders passed by this Court. He submits that the said matters are made returnable on 22.02.2021.
7 The Learned A.G.P. Mr. S.S. Panchpor, appearing for the State submits that he required some time to file reply. In view of these facts, the following order is passed :
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i) Respondents to file their reply on or before 18.02.2021 with copy to other side.
ii) All these matters to be placed on board on 22.02.2021 along with the Contempt Petition No.197 of 2020.
Digitally signed by Waishali S. Waishali Waghmare S. Waghmare Date:
2021.02.06 05:07:49 +0530 ( R.I. CHAGLA, J. ) ( K.K. TATED, J. ) Waghmare 8 / 8