Bombay High Court
Shankar Barge The Additional Collector ... vs Prabhakar Govind Mundale on 11 August, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
3-cp-327-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.327 OF 2023
IN
WRIT PETITION NO.9367 OF 2021
Prabhakar Govind Mundale & Ors. .....Petitioners
In the Matter in Between :
Prabhakar Govind Mundale & Ors. .....Petitioner
Vs.
The State of Maharashtra
Through its Chief Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14056 OF 2024
IN
CONTEMPT PETITION NO.327 OF 2023
Prabhakar Govind Mundale .....Applicant
In the Matter in Between :
Prabhakar Govind Mundale .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
Suresh 1/32
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WITH
INTERIM APPLICATION NO.14054 OF 2024
IN
CONTEMPT PETITION NO.327 OF 2023
K. Manju Laxmi IAS,
The Collector and Deputy Director for
Rehabilitation of Project Affected Persons .....Applicant
In the Matter in Between :
Prabhakar Govind Mundale .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14903 OF 2024
IN
CONTEMPT PETITION NO.327 OF 2023
Vijaykumar Baliram Thorat,
The Superintending Engineer
Konkan Irrigation Development
Corporation .....Applicant
In the Matter in Between :
Prabhakar Govind Mundale .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14055 OF 2024
IN
CONTEMPT PETITION NO.327 OF 2023
Suresh 2/32
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Shankar Barge,
The Additional Collector Rehabilitation .....Applicant
In the Matter in Between :
Prabhakar Govind Mundale .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
CONTEMPT PETITION NO.328 OF 2023
IN
WRIT PETITION NO. 9363 of 2021
Eliza Paolu Dsouza & Ors. .....Petitioners
In the Matter in Between :
Eliza Paolu Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14901 OF 2024
IN
CONTEMPT PETITION NO.328 OF 2023
Mahadeo Shrirang Kadam,
The Executive Engineer,
Konkan Irrigation Development,
Corporation KIDC .....Applicant
In the Matter in Between :
Eliza Paolu Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
Suresh 3/32
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WITH
INTERIM APPLICATION NO.3094 OF 2025
IN
CONTEMPT PETITION NO.328 OF 2023
Vijaykumar Baliram Thorat,
The Superintending Engineer
Konkan Irrigation Development
Corporation .....Applicant
In the Matter in Between :
Eliza Paolu Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
CONTEMPT PETITION NO.329 OF 2023
Subhash Mahadev Chavan .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14900 OF 2024
IN
CONTEMPT PETITION NO.329 OF 2023
Mahadev Shrirang Kadam .....Applicant
In the Matter in Between :
Subhash Mahadev Chavan .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
Suresh 4/32
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WITH
INTERIM APPLICATION NO.14854 OF 2024
IN
CONTEMPT PETITION NO.329 OF 2023
K. Manju Laxmi IAS,
The Collector and Deputy Director for
Rehabilitation of Project Affected Persons .....Applicant
In the Matter in Between :
Subhash Mahadev Chavan .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14845 OF 2024
IN
CONTEMPT PETITION NO.329 OF 2023
Shankar Ramchandra Barge .....Applicant
In the Matter in Between :
Subhash Mahadev Chavan .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14899 OF 2024
IN
CONTEMPT PETITION NO.329 OF 2023
Vijaykumar Baliram Thorat,
The Superintending Engineer
Konkan Irrigation Development
Corporation .....Applicant
Suresh 5/32
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In the Matter in Between :
Subhash Mahadev Chavan .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
CONTEMPT PETITION NO.334 OF 2023
Louis Bastyav Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14897 OF 2024
IN
CONTEMPT PETITION NO.334 OF 2023
Mahadeo Shrirang Kadam
The Executive Engineer,
Konkan Irrigation Development,
Corporation KIDC .....Applicant
In the Matter in Between :
Louis Bastyav Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
Suresh 6/32
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WITH
INTERIM APPLICATION NO.14896 OF 2024
IN
CONTEMPT PETITION NO.334 OF 2023
Vijaykumar Baliram Thorat,
The Superintending Engineer
Konkan Irrigation Development
Corporation .....Applicant
In the Matter in Between :
Louis Bastyav Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14894 OF 2024
IN
CONTEMPT PETITION NO.334 OF 2023
K. Manju Laxmi IAS,
The Collector and Deputy Director for
Rehabilitation of Project Affected Persons .....Applicant
In the Matter in Between :
Louis Bastyav Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14898 OF 2024
IN
CONTEMPT PETITION NO.334 OF 2023
Suresh 7/32
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Shankar Barge,
The Additional Collector Rehabilitation .....Applicant
In the Matter in Between :
Louis Bastyav Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
CONTEMPT PETITION NO.335 OF 2023
Machhindranath Mahadev Gosavi .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.3097 OF 2025
IN
CONTEMPT PETITION NO.335 OF 2023
Shankar Barge,
The Additional Collector Rehabilitation .....Applicant
In the Matter in Between :
Machhindranath Mahadev Gosavi .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14059 OF 2024
IN
CONTEMPT PETITION NO.335 OF 2023
Suresh 8/32
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Vijaykumar Baliram Thorat
The Superintending Engineer
Konkan Irrigation Development
Corporation .....Applicant
In the Matter in Between :
Machhindranath Mahadev Gosavi .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14061 OF 2024
IN
CONTEMPT PETITION NO.335 OF 2023
K. Manju Laxmi IAS,
The Collector and Deputy Director for
Rehabilitation of Project Affected Persons .....Applicant
In the Matter in Between :
Machhindranath Mahadev Gosavi .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14062 OF 2024
IN
CONTEMPT PETITION NO.335 OF 2023
Mahadeo Shrirang Kadam
The Executive Engineer,
Konkan Irrigation Development,
Corporation KIDC .....Applicant
Suresh 9/32
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In the Matter in Between :
Machhindranath Mahadev Gosavi .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
CONTEMPT PETITION NO.336 OF 2023
Lahu Anant Palambe .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14908 OF 2024
IN
CONTEMPT PETITION NO.336 OF 2023
Shankar Barge,
The Additional Collector Rehabilitation .....Applicant
In the Matter in Between :
Lahu Anant Palambe .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14904 OF 2024
IN
CONTEMPT PETITION NO.336 OF 2023
Suresh 10/32
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K. Manju Laxmi IAS,
The Collector and Deputy Director for
Rehabilitation of Project Affected Persons .....Applicant
In the Matter in Between :
Lahu Anant Palambe .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14906 OF 2024
IN
CONTEMPT PETITION NO.336 OF 2023
Mahadeo Shrirang Kadam
The Executive Engineer,
Konkan Irrigation Development,
Corporation KIDC .....Applicant
In the Matter in Between :
Lahu Anant Palambe .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14905 OF 2024
IN
CONTEMPT PETITION NO.336 OF 2023
Vijaykumar Baliram Thorat
The Superintending Engineer
Konkan Irrigation Development
Corporation .....Applicant
Suresh 11/32
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In the Matter in Between :
Lahu Anant Palambe .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
CONTEMPT PETITION NO.337 OF 2023
Hanuman Shivaram Shinde .....Petitioner
In the Matter in Between :
Subhash Mahadev Chavan .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14912 OF 2024
IN
CONTEMPT PETITION NO.337 OF 2023
Vijaykumar Baliram Thorat .....Applicant
In the Matter in Between :
Hanuman Shivaram Shinde .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14911 OF 2024
IN
CONTEMPT PETITION NO.337 OF 2023
Suresh 12/32
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K. Manju Laxmi IAS,
The Collector and Deputy Director for
Rehabilitation of Project Affected Persons .....Applicant
In the Matter in Between :
Hanuman Shivaram Shinde .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14914 OF 2024
IN
CONTEMPT PETITION NO.337 OF 2023
Shankar Ramchandra Barge .....Applicant
In the Matter in Between :
Hanuman Shivaram Shinde .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14913 OF 2024
IN
CONTEMPT PETITION NO.337 OF 2023
Mahadev Shrirang Kadam .....Applicant
In the Matter in Between :
Hanuman Shivaram Shinde .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
Suresh 13/32
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WITH
CONTEMPT PETITION NO.338 OF 2023
Manvel Motes Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14917 OF 2024
IN
CONTEMPT PETITION NO.338 OF 2023
Vijaykumar Baliram Thorat
The Superintending Engineer
Konkan Irrigation Development
Corporation .....Petitioner
In the Matter in Between :
Manvel Motes Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14916 OF 2024
IN
CONTEMPT PETITION NO.338 OF 2023
K. Manju Laxmi IAS,
The Collector and Deputy Director for
Rehabilitation of Project Affected Persons .....Petitioner
In the Matter in Between :
Manvel Motes Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
Suresh 14/32
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WITH
INTERIM APPLICATION NO.14918 OF 2024
IN
CONTEMPT PETITION NO.338 OF 2023
Mahadev Shrirang Kadam .....Petitioner
In the Matter in Between :
Manvel Motes Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
WITH
INTERIM APPLICATION NO.14919 OF 2024
IN
CONTEMPT PETITION NO.338 OF 2023
Shankar Barge,
The Additional Collector Rehabilitation .....Applicant
In the Matter in Between :
Manvel Motes Dsouza .....Petitioner
Vs.
The Principal Secretary for
Revenue And Rehabilitation
Department for Project Affected
Persons & Anr. .....Respondents
Mr. Pradeep Sancheti, senior advocate with Mr. Sanjeev Sawant,
Mr. B. K. Barve, Mr. Sandeep Barve & Mr. Simmy Sebstian, and
Mr. Dhanesha Shingote i/b B. K. Barve & Co., for the
Petitioners.
Adv. Anil Anturkar, senior advocate with Adv. Kashish Chelani
i/b Adv. S. H. Kankal, AGP for the State.
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CORAM : REVATI MOHITE DERE &
DR. NEELA GOKHALE, JJ.
DATE : 11th AUGUST 2025.
P.C.:-
1. The 57 Petitioners seek issuance of a show cause notice against the Respondents/Contemnors for committing a breach of order dated 10th November 2022 passed by this Court in Writ Petition No. 9367 of 2021 and initiate civil contempt proceedings against the Respondents for failing to implement the directions given by this Court in the said order.
2. By order dated 10th November 2022, the writ petition was disposed with directions to pay compensation to the Petitioners as specified in the Affidavit-in-Reply filed in that matter or to allot suitable land to the Petitioners. This Court had granted five months time from the date of that order to comply with the said directions and had further directed the State to commence the process for implementing the said order at the earliest.
3. Heard Mr. Pradeep Sancheti, learned senior counsel Suresh 16/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc appearing for the Petitioners and Mr. Anil Anturkar, learned senior counsel appearing for the State.
4. During the course of hearing of the Contempt Petition, Mr. Anturkar fairly submitted that the purported breach, as alleged by the Petitioners, was not willful and the State was in the process of making sincere endeavour to comply with the said order in its true letter and spirit. However, he indicated that there were certain impediments and hitches which led to a set back and delay in the compliance of the said order.
5. The State through Mr. Anturkar indicated its readiness and willingness to comply with the said order at the earliest but pointed out to certain glitches and misunderstandings, which require to be ironed out. Hence, we undertook the task of mediating between the parties so that the order of 10th November 2022 could be complied with in its entirety.
6. By order dated 21st July 2025, we recorded the contentions of Mr. Anturkar as well as learned AGP representing Suresh 17/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc the State. The order dated 21st July 2025 reads thus:
"1. Learned counsel for the petitioners in all the aforesaid petitions and the learned A.G.P. have agreed to the following:
(I) That out of the total number of affected persons in these petitions, 81 individuals, whose lands have been acquired and where the question of vacating their dwelling houses does not arise, the said persons shall be given 100% of the compensation amount, within 10 days on the said individuals furnishing the requisite documents, if applicable to them.
(ii) Insofar as the remaining 370 individuals i.e. petitioners are concerned, 25% of the compensation amount shall be released in their favour within 10 days, on the said individuals also producing the necessary documents, as required, if applicable to them.
2. Needless to reiterate that, all 81 + 370 individuals shall be required to submit the requisite documents, as may be applicable to them, to the concerned authorities, prior to the disbursement of the compensation amounts.
3. The concerned authorities shall disburse the amounts as aforesaid to the above 81 and 370 individuals as expeditiously as possible and preferably within a period of 10 days from Suresh 18/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc today.
4. Stand over to 31st July 2025. To be listed on the Supplementary Board.
5. In the meantime, the learned A.G.P. to take instructions with regard to the likely date of the Cabinet meeting, in which the issue of disbursement of an additional 50% of the compensation amount to the 370 petitioners is likely to be considered.
6. In the meantime, the concerned authorities shall ensure that all essential infrastructure, including electricity and water, is made available at the sites where the alternative land is proposed to be handed over to the 370 petitioners.
7. Notwithstanding the above aspects as agreed by the parties, considering the factual matrix in the matter and the orders passed by this Court from time to time, more specifically the order dated 10th November 2022, Mr. Anturkar, took further instructions from the State. In view of the submissions made by both counsels before us, we deem it appropriate to pass the following directions:
i) Notwithstanding the earlier directions contained in order dated 21st July 2025, we direct the State of Suresh 19/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc Maharashtra to immediately pay 50% of the compensation to the Petitioners to construct their houses. The said amount shall be paid to each Petitioner after verifying the relevant documents of each Petitioner as may be applicable. The list of relevant documents as may be applicable is given in the Indemnity Bond to be submitted by the Petitioners to the State Government. The said Indemnity Bond forms part and parcel of the present order. This direction does not apply to 81 individuals, whose lands were acquired and where the question of constructing houses does not arise, as such individuals would be entitled to 100% compensation to be paid within 10 days of the said individuals furnishing the aforesaid requisite documents, as applicable to them.
ii) The verification of the documents as mentioned above shall be done within 15 working days from the date of uploading of the present order and upon such verification, the amount due to each Petitioner shall be disbursed within a period of 10 working days thereafter.
iii) The Petitioners shall be offered alternate residential Suresh 20/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc plots within three weeks from the date of uploading of the order and the Petitioners shall select plots from those available in the new Gaothan Area within three weeks after receiving the 50% of compensation.
iv) We make it clear that, despite the 50% payment and plot selection, the Petitioners shall not be compelled to vacate their current homes until all civic amenities under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 are fully provided at the new plots. The said civic amenities should be provided within 4 months from the date of uploading of the present order.
v) This Court will monitor the compliance monthly, and the Petitioners will vacate only after this Court confirms that full amenities as required, are provided for.
vi) Before receiving 50% of the compensation, the Petitioners will execute an Indemnity Bond in the format provided by the Government, which we have taken on record and marked "X" for identification. The said Indemnity Bond has been reproduced and forms part and parcel of the order.
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vii) The Petitioners have undertaken that, upon receiving 50% of the compensation/selection/acceptance of the allotted plot and after successfully completing the conditions mentioned in paragraph no. (iv) and (vi) above:
(a) They thus will vacate their existing houses within one month if they do not intend to construct new houses on the allotted plots. At the time of vacating their existing houses, the Petitioners will be paid the remaining 50% amount payable to them.
(b) Alternatively, the Petitioners will be allowed six months time to construct their houses on the allotted plots from the date of compliance in paragraph no. (iv) and (vi) above. The Petitioners shall vacate their existing houses at the end of six months period, whether the construction of the house is complete or not.
(c) It is clarified that in either of the above 2 contingencies, the balance 50% of the compensation shall be paid only at the time the Petitioners, vacate their existing premises.
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8. The format of the Indemnity Bond to be submitted by the Petitioners to the State Government is as under:
INDEMNITY BOND I, Shri/Smt. _______________ aged about ____ years, resident of Village ________ and at present residing at___________________ executing this consent letter/indemnity bond on solemn affirmation as under :-
1. I say that my agricultural land situated at Village ______ was acquired in the year 2001 for Nardave Medium Irrigation Project, Kankavli, Dist. Sindhudurg.
At the time of acquisition, the mentioned land was registered in my name / my father's name / my grandfather's name. Since I had not received alternate land in the benefited zone, I along with other project affected persons filed petitions before the Hon'ble High Court wherein my eligibility to receive alternate land as project affected person was accepted and the Hon'ble High Court allowed the Petition by a Suresh 23/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc Common Order dated 10/11/2022, which was confirmed by the Hon'ble Supreme Court of India by an Order dated 13.05.2025.
2. I further say that the district rehabilitation officer, Dist. Sindhudurg vide affidavit dated 12/06/2025 of compliance of order dated 08/05/2025 agreed that the Government was ready and willing to disburse the payment of compensation in lieu of alternate land in compliance with directions of the Hon'ble High Court for payment of compensation pursuant to order dated 10/11/2022. The said disbursement of compensation will be as was indicated in the Chief Secretary's Affidavit, more particularly as per the GR dated 22.11.2022 read with corrigendum dated 14.02.2024 and as per the modification order dated 11.08.2025 passed by the Hon'ble High Court Bombay.
3. I am being project affected person willing to accept the compensation proposed by the Government Suresh 24/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc of Maharashtra to pay Rs.50,00,000/- (Rupees Fifty Lakhs only) per Hectare (i.e. Rs.20 Lakh per Acre) to each of the project affected family in lieu of alternate land required to be allotted by the Government of Maharashtra for acquisition of our agricultural land for the irrigation project on without prejudice basis as per orders dated 04/04/2025, 08/05/2025 and 11/08/2025 passed by the Hon'ble Bombay High Court.
4. I further declare that I have not suppressed any material fact and do hereby according my consent to accept the compensation proposed by Government of Maharashtra, waiving my right to claim alternate land from the benefited zone, subject to orders dated 04/04/2025, 08/05/2025 and 11/08/2025 passed by the Hon'ble Bombay High Court.
5. I do hereby indemnify and keep indemnifying the Government of Maharashtra inclusive of District Rehabilitation Officer Sindhudurg and/or any other competent authority for any loss or damages or any Suresh 25/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc excess payment which may be caused on account of releasing the compensation by account payee cheque to me.
6. I hereby undertake that if 65% of the award amount is not deposited by me as per the requirement of S. 16(2) of the Maharashtra Project Affected Person Rehabilitation Act, 1999, I have no objection to 65% of the award value, being deducted from the compensation amount payable to me as per the applicable rule for providing compensation in lieu of alternate land.
7. I declare and confirm that after acquisition of my lands and bearing Survey No./ Gat No. ------, Hissa No., -------, admeasuring about -------, situated at
---------, the possession of agricultural land has been taken and the work of Nardave Dam is already in progress. As such now all 7/12 extract are in the name of the Government of Maharashtra and the said agricultural land is already in possession of the Suresh 26/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc Government save and except the residential premises where I am residing i.e. in the Old Gaothan area.
8. I further declare that since the settlement officer has proposed to allot alternate plots for residential premises in the Gaothan area as per the said GR along with all necessary infrastructures inclusive of electricity supply, water supply, roads, etc. in lieu of residential premises occupied by me (and my family members), I will accept the proposed alternate open plot with specific undertaking that upon receipt of 50% of the compensation payable to me from the Government of Maharashtra, I will erect and/or construct the residential house at said proposed alternate Gaothan residential Place and shall remove myself along with all my belongings and family members within 6 months since this period will be required for construction of house at Gaothan premises proposed to be allotted by Government in lieu of my residential premises. The remaining 50% balance payment of compensation shall Suresh 27/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc be disbursed immediately i.e. within a period of 4 weeks after actual vacating of the residential premises by the Petitioner.
9. I further say that except myself no other person is entitled to receive the said compensation in lieu of acquisition of my agricultural land.
10. I further say that have not suppressed the legal heirs whosoever is entitled to receive the special package compensation.
11. As per the S.10 r/w. part IV of Schedule of the Maharashtra Project Affected Person Rehabilitation Act, 1999, I am entitled for ____ sq. mtrs. from the area of the plot to be granted in the New Gaothan premises earmarked which I am willing to accept subject to providing all civic amenities as specified U/s. 10 of the said Act.
12. I say that I will attend the camp proposed to be arranged by the Deputy Collector (Rehabilitation) Suresh 28/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc Sindhudurg and I am willing to accept the alternative residential plot with such facilities as mentioned above within a period of 6 weeks from payment of initial 50% of the compensation amount and. I may be granted 6 months' time to construct a house on that plot of land. I agree and undertake to vacate my current residential house within 6 months from the date of handing over possession of the alternative residential plot as mentioned hereinabove along with all civic amenities and the government shall pay the remaining 50% amount of compensation within 4 weeks from handing over existing Gaothan premises.
13. I do hereby declare that no other litigation and/or any proceeding pending in respect of my land acquired for Nardave Medium Irrigation Project, Sindhudurg.
14. I agree to take full responsibility and will protect the State Government from any issues, claims, or disputes that may come up about the ownership or rights to the land, whether under the Bombay Tenancy Suresh 29/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc and Agricultural Lands Act or any other applicable law.
15. I undertake that within one week, the self attested documents as sought by the District Rehabilitation Authority, Sindhudurg will be submitted along with this Indemnity Bond as per the list of documents mentioned hereinbelow:
a) Aadhaar Card or PAN Card
b) Death Certificate (if applicable)
c) Passbook Xerox or Cancelled Cheques (if not submitted)
d) Change of Name Gazette Notification (if applicable)
e) Revenue Stamp
f) Passport Size Photo
16. I do hereby undertake to accept 50% of compensation payable under order dated 08.08.2025 by producing this indemnity bond and the required documents as may be applicable and entitled to receive remaining balance 50% compensation within a period of 4 weeks from handing over peaceful possession of the existing Gaothan premises.
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3-cp-327-2023.doc Whatever stated hereinabove is true and correct to the best of my knowledge and I believe the same to be true and correct.
Solemnly affirmed at __________ Dated this ___ day of ________, 2025 BEFORE ME, IDENTIFIED AND INTERPRETED BY US IN MARATHI;
9. The Contempt Petition is thus disposed of in terms of the directions given in Paragraph No.7 herein above.
10. We may note that directions were given by this Court in November 2022, benefit of which directions did not accrue to the Petitioners and other individuals, for the past 3 years. We now trust and hope that the farmers who have been waiting for their compensation / land now receive the same as Suresh 31/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 ::: 3-cp-327-2023.doc stated hereinabove. We also hope that no further intervention of this Court is required in implementing the said order.
11. All the parties to act on an authenticated copy of this order.
12. We are keeping this matter for recording compliance on 24th September 2025.
(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Suresh 32/32 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 29/08/2025 22:06:03 :::