Bombay High Court
Shri. Vishnu Darku Kalawade vs Shri S. M. Gaikwad And Ors on 21 January, 2021
Bench: K.K.Tated, R.I.Chagla
13-14-15 cp197-20gr.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Trusha T.
Mohite CONTEMPT PETITION NO.197 OF 2020
Digitally signed by
Trusha T. Mohite
Date: 2021.01.25
11:41:55 +0530
Vishnu Darku Kalawade .. Petitioner
vs.
S.M.Gaikwad & Ors. .. Respondents
WITH
CONTEMPT PETITION (ST.) NO.5253 OF 2020
WITH
CONTEMPT PETITION (ST.) NO.5243 OF 2020
WITH
CONTEMPT PETITION (ST.) NO.5350 OF 2020
WITH
CONTEMPT PETITION (ST.) NO.5337 OF 2020
WITH
CONTEMPT PETITION (ST.) NO.5335 OF 2020
WITH
CONTEMPT PETITION NO.204 OF 2020
WITH
CONTEMPT PETITION NO.206 OF 2020
WITH
CONTEMPT PETITION NO.195 OF 2020
Mohite 1/11
13-14-15 cp197-20gr.odt
WITH
CONTEMPT PETITION NO.198 OF 2020
WITH
CONTEMPT PETITION NO.201 OF 2020
WITH
CONTEMPT PETITION (ST.) NO.5342 OF 2020
WITH
CONTEMPT PETITION (ST.) NO.5339 OF 2020
WITH
CONTEMPT PETITION (ST.)NO.1126 OF 2021
WITH
CONTEMPT PETITION (ST.)NO.1102 OF 2021
.....
Mr.Drupad S. Patil a/w Mr.Balasaheb Ligade for the petitioners in
all matters
Mr.S.S.Panchpor, A.G.P. for the State in Contempt Petition No.197
of 2020, Contempt Petition (ST) No.5253 of 2020, Contempt
Petition (ST) No.5243 of 2020, Contempt Petition (ST) No.5350
of 2020
Mr.V.S.Gokhale, A.G.P. for the State in Contempt Petition (ST)
No.5337 of 2020, Contempt Petition (ST) No.5335 of 2020,
Contempt Petition (ST) No.5243 of 2020, Contempt Petition
No.204 of 2020
Mrs.P.J.Gavhane, A.G.P. for the State in Contempt Petition
No.206 of 2020, Contempt Petition No.195 of 2020, Contempt
Petition No.198 of 2020
Mr.C.D.Mali, A.G.P. for the State in Contempt Petition No.201 of
2020, Contempt Petition (ST) No.5342 of 2020, Contempt
Petition (ST) No.5339 of 2020
Mohite 2/11
13-14-15 cp197-20gr.odt
Mr.A.I.Patel, Addl.G.P. a/w Mr.C.D.Mali, A.G.P. for the State in
Contempt Petition (St.) No.1126 of 2021
Mr.A.I.Patel, Addl.G.P. a/w Mrs.P.J.Gavhane, A.G.P. for the State
in Contempt Petition (St.) No.1102 of 2021
.....
CORAM: K.K.TATED &
R.I.CHAGLA, JJ.
DATED : JANUARY 21, 2021 P.C. . Heard.
2. The learned A.G.P. for the Respondents submits that though this Court by order dated 07.01.2021 granted last chance to fle reply, it remained to do so. He submits that draft reply is ready. He further submits that even concerned offcer is present in Court. He submits that he requires some time to take further instructions from the concerned offcer and fle reply with copy to other side. Hence, he requires near about two weeks time to do so.
3. The learned counsel for the Petitioners submits that as the Respondents failed and neglected to comply the order dated 28.02.2013 passed by this Court, they fled the present Contempt Petition.
4. The learned counsel for the Petitioners submits that their lands were acquired by the Respondents for setting up the project by named Bhama Aaskhed. He submits that as Mohite 3/11 13-14-15 cp197-20gr.odt they were declared as project affected persons, they claimed the beneft under the Maharashtra Project Affected Persons Rehabilitation Act, 1999. He submits that for want of notice under section 16(2)(a) of the said Act, it remained on their part to deposit 60% amount as required by the law. He submits that this Court by order dated 28.02.2013 directed Respondents to comply the procedure for allotment of law. Operative part of the said order reads thus:
"ORDER
(a) We direct the second Respondent to examine the cases of the Petitioners and to ascertain whether the Petitioners are project affected persons as claimed by them and whether are entitled to allotment of lands under the provisions of Maharashtra Project Affected Persons Rehabilitation Act, 1999;
(b) For this purpose, we direct that the Petitioners shall appear before the second Respondent (the District Resettlement Offcer, Pune) on Monday, the 11th March, 2013 at 11 a.m. It will be open the the Petitioners to produce all the necessary documents before the said authority;
(c) We direct the District Resettlement Offcer, Pune to ascertain whether the petitioners are project affected persons as claimed by them and whether they are entitled allotment of the lands under the said Act. The District Resettlement Offcer shall give an opportunity of being heard to the petitioners and shall allow the petitioners to fle necessary documents. Thereafter, the District Resettlement Offcer shall pass orders recording brief reasons;Mohite 4/11
13-14-15 cp197-20gr.odt
(d) The District Resettlement Offcer shall pass order accordingly within a period of two months from the date of appearance fxed under this order. District Resettlement Offcer shall serve copies of the orders to the petitioners or their advocate. He shall forward copies of the orders to the Collector along with his reports;
(e) If the second Respondent records a fnding that the Petitioners are project affected persons and are entitled to allotment of suitable lands under the said Act, the District Collector shall verify whether the notices under section 16(2)(a) of the said Act have been served to the Petitioners;
(f) If the record relating to the service of notices cannot be found within a period of four weeks from the date on which the reports in terms of clause (d) is received by the Collector from the second Respondent, the Collector shall proceed on the footing that the notices under Section 16(2)(a) of the said Act have not been served to the Petitioners;
(g) Only if the notices under Section 16(2)(a) of the said Act are not served to the Petitioners, within a period of eight weeks from the expiry of the period of four weeks fxed for tracing out the record relating to notices, the Collector shall issue notices to the Petitioners in accordance with Section 16(2)(a) of the said Act;
(h) It will be open for the Petitioners to communicate their willingness to accept the grant of land within a period of 45 days from the date of the receipt of such notices from the Collector;
(i) On the Petitioners showing willingness, Mohite 5/11 13-14-15 cp197-20gr.odt they shall deposit 65% of the amount of compensation received by them for the lands acquired from them or the likely cost of the land, whichever is less, at the time of payment of such compensation to the Petitioners. The deposit shall be made in accordance with the provisions of the said Act;
(j) On deposit as aforesaid made by the Petitioners in accordance with law, further process of allotment of lands to the Petitioners shall be completed by the Collector as expeditiously as possible;
(k) Rule is made partly absolute in the above terms in all the Petitions;
(l) Parties to the Petitions shall act upon the authenticated copy of this judgment and order.
5. The learned counsel for the Petitioners submits that thereafter Respondent State fled Review Petition (St.) No.34787 of 2015 in Writ Petition No.3758 of 2011 to review the earlier order passed by this Court dated 02.05.2011 in Writ Petition No.8885 of 201. The Collector of Pune fled by Review Petition (ST) No.34787 of 2015 in Writ Petition No.3758 of 2011 to review the order on the ground that unless and until the Petitioners are declared as project affected persons, they are not entitled any beneft as per the said Act. He submits that considering the objection raised by the Respondents in Review Petition, this Court passed order dated 27.10.2016 in Review Petition for complying the entire proceeding as required under the Maharashtra Mohite 6/11 13-14-15 cp197-20gr.odt Project Affected Persons Rehabilitation Act, 1999. Operative part of the said Review Petition reads thus :
"O R D E R "(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 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 fxed for appearance;
(iii) In the event, the Respondents/original Petitioners produce evidence to show that their Application for grant of heirship certifcate/succession certifcate/probate/letters of Administration is pending, on being satisfed 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 Mohite 7/11 13-14-15 cp197-20gr.odt 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 (Resettlement) Pune shall be served upon the Respondents/ original Petitioners;
(v) If the Deputy Collector (Resettlement), Pune is satisfed 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 Mohite 8/11 13-14-15 cp197-20gr.odt 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;
(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 Offcer 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.Mohite 9/11
13-14-15 cp197-20gr.odt
(xi) Review Petition stands disposed of on above terms."
6. The learned counsel for the Petitioners submits that after complying entire proceeding as required by the said Act, Respondents declared the Petitioners as project affected persons. Thereafter they issued Challan for payment of 65% amount of the land value. Same was paid by the Petitioners some time in the year 2018 itself. He submits that not only that, thereafter, Petitioners wrote letter to the Respondents stating that some of the lands are available for project affected persons. Therefore, they must allot those lands to them. He submits that thereafter Respondents prepared tentative list for allotment of eligible persons. He relies on Exhibit 'H' page 55 of the Contempt Petition in Contempt Petition No.197 of 2020. He submits that inspite of that, Respondent failed and neglected to allot and hand over possession of the alternate land to them as project affected persons. Hence, they fled the present Contempt Petition. He submits that this Hon'ble Court be pleased to take appropriate action against the Respondents under the Contempt of Court Act for violating the orders passed by this Court from time to time.
7. The learned A.G.P. for the Respondents submits that concerned offcer is present in Court. He submits that concerned offcer undertakes to fle Affdavit in Reply on or before 12.02.2021 with copy to other side. He submits that they will make enquiry and make appropriate statement in their reply that no land is available for allotment to the Mohite 10/11 13-14-15 cp197-20gr.odt Petitioner who are project affected persons of Bhama Aaskhed. He further submits that in each Contempt Petition, Petitioner wrote a letter to the concerned authority for allotment of land from particular survey that they will make enquiry and make appropriate statement in their reply whether that particular survey is available or not. Statement made by the learned A.G.P. is accepted.
8. The learned A.G.P. further made a statement that recently State of Maharashtra issued government order dated 10.08.2020 deciding that it is not possible for the State Government to provide land for allotment to the PAP. They decided to pay compensation @ Rs.15 lacs per Hectare. He submits that he received instructions from the concerned offcer that in all these matters also, they are ready and willing to pay compensation @ Rs.15 lacs per Hectare. Considering these facts, the following order is passed:
a. Respondents to fle their Affdavit in Reply on or before 12.02.2021 with copy to other side.
b. Rejoinder if any, be fled on or before 17.02.2021 with copy to other side.
c. Matters to appear on board on 22.02.2021.
(R.I.CHAGLA, J.) (K.K.TATED, J.)
Mohite 11/11