Bombay High Court
Narayan Govind Gavate And Ors vs The State Of Maharashtra And Anr on 22 July, 2021
Author: Surendra P. Tavade
Bench: Sadhana S. Jadhav, Surendra P. Tavade
1-cp-315.03.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.315 OF 2003
Bhaskar Govind Gavate ... Petitioner
V/s.
The State of Maharashtra and Ors. ... Respondents
WITH
WRIT PETITION NO.1098 OF 2006
Narayan Govind Gavate and Ors. ... Petitioners
V/s.
The State of Maharashtra and Anr. ... Respondents
WITH
INTERIM APPLICATION (ST.) NO.8259 OF 2021
Digitally signed
by PALLAVI
PALLAVI MAHENDRA
MAHENDRA WARGAONKAR
WARGAONKAR Date:
IN
2021.07.22
17:02:11 +0530
WRIT PETITION NO.1098 OF 2006
Reliable Infra Project Pvt. Ltd. ... Applicant
V/s.
Shri. Narayan Govind Gavate (deceased)
Through LRs. and Ors. ... Respondents
WITH
CIVIL APPLICATION NO.1966 OF 2018
IN
WRIT PETITION NO.1098 OF 2006
Shri. Narayan Govind Gavate (deceased)
Through LRs. and Ors. ... Petitioners
V/s.
The State of Maharashtra and Ors. ... Respondents
-------------------
PALLAVI
Dr. Abhinav Chandrachud i/b. Elixir Legal Services, Advocate for the
MAHENDRA
WARGAONKAR
Digitally signed by
Petitioner in CP/315/2003.
PALLAVI MAHENDRA
WARGAONKAR
Date: 2021.07.22
17:00:48 +0530
Mr. Sandesh D. Patil, Advocate for the Petitioners in WP/1098/2006.
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1-cp-315.03.doc
Mr. Saurabh Butala, Advocate for Intervenor/Applicant in
IAST/8259/2021.
Ms. Shyamli Gadre a/w Ms. Tanvi Doshi i/b. M/s. Little & Co. for
Respondent No.5.
Mr. A.I. Patel, Additional G.P. for the Respondent - State.
---------------------
CORAM : SMT. SADHANA S. JADHAV &
SURENDRA P. TAVADE, JJ.
DATE : 22nd JULY 2021.
P.C. : Through Video Conferencing
1. Heard the respective counsel. It is submitted that a group of petitions was filed in the year 1992 which was decided by the Division Bench of this Court (Coram : Shri R.M. Lodha and Smt. Nishita Mhatre, JJ.). The operative part of the said order reads as under :
"(ii) The Special Land Acquisition Officer Respondent No.4 is directed to hand over possession of the land as it stands today which is in possession of the State Government to the Petitioners immediately. We record the statement of the learned Counsel for the Petitioners that the Petitioners or their representatives will attend the Office of the Special Land Acquisition Officer on 22.1.2003. We also record the statement of the learned Assistant Government Pleader that the Special Land Acquisition Officer on that day will deliver the possession of the land which is in possession of the pmw 2 of 5 1-cp-315.03.doc State Government in the position it stands today.
(v) The Petitioner are at liberty to pursue appropriate remedy for compensation from Respondent Nos.1 to 5 for the loss suffered by them, if any, by not restored their land back to them soon after the judgment of the Supreme Court in the year 1976.
(vi) As regards the grievance of the Petitioners, if any, against Respondent No.6 or any other person having unauthorisedly or illegally deprived the Petitioner from their property, the Petitioners are at liberty to pursue appropriate remedy available in law for redressal of their grievance."
2. The contempt petitioner vehemently submits that there is non-compliance of this order by the State of Maharashtra and hence, the contempt petition is filed.
3. We have also heard Writ Petition No.1098 of 2006 which is being heard along with Contempt Petition No.315 of 2003. The learned counsel for the petitioners Mr. Sandesh Patil reiterates that there is non-compliance of the order dated 17th January 2003. It is submitted that the petitioners do not claim compensation for Gat No.25(1),(2) pmw 3 of 5 1-cp-315.03.doc admeasuring 5 Acres 33 Gunthas and 4 Ares situated at Village Ilthan. He also does not claim compensation for Gat No.166 admeasuring 13 Ares and Gat No.78 situated at Village Chincholi admeasuring 12 Acres and 20 Ares. It is submitted that as on today, he is claiming compensation for the land admeasuring 15 Acres 33 Gunthas and 16 Ares. According to the learned counsel, the land was acquired in the year 1964 and till today, despite the judgment of the Apex Court in the case of Narayan Govind Gavate Etc. vs. State Of Maharashtra1 and the order passed by this Court vide order dated 17 th January 2003 has not been complied. That the respondent has not abided by the undertaking given before this Court.
4. The learned counsel for the contempt petitioner Mr. Chandrachud submits that the State of Maharashtra had made a statement that a portion of land of Gat No.78 was acquired for the purpose of handing over to MIDC. Despite the order passed by the Division Bench of this Court, the land is not returned to the contempt petitioner.
5. An intervention application bearing No.IA(ST.)/8259/2021 is filed. The learned counsel appearing for the applicant submits that a 1 1977(1) SCC 133 pmw 4 of 5 1-cp-315.03.doc parcel of land of Gat No.95 was sold to Reliable Infra Project Pvt. Ltd. and Gat No.31 is sold to Reliable Exports Pvt. Ltd. and the sale was confirmed by a final deed in the year 2014 by some of the petitioners in WP/1098/2006.
6. The learned counsel for the applicant seeks two weeks time to file an affidavit demonstrating all the details of the land sold to the two companies.
7. The learned APP submits that an additional affidavit was filed on 12th April 2021. However, we do not find it on record in WP/1098/2006. He also seeks time to resubmit the said affidavit alongwith the annexures.
7. Stand over to 6th August 2021.
(SURENDRA P. TAVADE, J) (SMT. SADHANA S. JADHAV, J)
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