Disposed

Murlidhar Yadav Kambale and Ors. v. the State of Maharshtra and Ors.

Bombay HC13 Jul 2012CP/114/2012

Case brief

AI extract

What is this about?

Disposes of a contempt petition alleging disobedience of an earlier court order mandating the Special Land Acquisition Officer to facilitate a hearing for petitioners in a land acquisition matter and direct payment of rental compensation.

What did the court decide?

Contempt petition disbanded; concerned authority ordered to pay rental compensation within three months and discharge show cause notice.

Murlidhar Yadav Kambale and Ors. Vs the State of Maharshtra… — Contempt of Court | Bombay HC (2012)

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916 cp.114.12

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

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BENCH AT AURANGABAD.

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CIVIL APPELLATE JURISDICTION

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Office Notes, Office Memoranda of

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Coram, appearances, Court’s orders Court’s or Judge’s orders

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or directions and Registrar’s orders

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CONTEMPT PETITION NO. 114 OF 2012

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,In WP/5831/2011

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MURLIDHAR YADAV KAMBALE AND ORS

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VERSUS

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THE STATE OF MAHARASHTRA AND ORS

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Advocate for Petitioners : Patil Ganesh S.

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AGP for Respondent No.1: K.M.Suryawanshi.

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Advocate for Respondent No.3 : G.P.Rajale.

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CORAM : S.S. SHINDE, J. DATE : 13th July, 2012.

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P.C.

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. This contempt petition alleges disobedience of the

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order of the Division Bench of this Court dated 5th August, 2011 in Writ Petition No.5831 of 2011. While disposing of the said writ petition, the Division Bench of this Court directed the Special Land Acquisition Officer to dispose of the representation of the Petitioners in the light of the judgment of this Court in the case of Dinkar Sandipan Gholve and others Vs. The State of Maharashtra and others, in Writ Petition No.2559 of

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916 cp.114.12

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2008. It is further observed in the said order that, while deciding the representation of the Petitioners, the Special Land Acquisition Officer will issue notice to the acquiring body and grant them an opportunity of being heard. It is further observed that, if the representation of the Petitioners is allowed, the payment of the Petitioners may be made expeditiously.

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2 In pursuant to the notices issued to the Respondents, one Somnath S/o Rambhau Rajguru, working as Sectional Engineer, Kundlika Project Sub-Dn. Paranda, District Osmanabad has filed affidavit in reply stating in paragraph No.8 that, the amount towards the rental compensation of the Petitioners will be paid within six months. The said Affidavit in reply tendered across the bar by the Respondent No.3, is taken on record.

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Though, this Court is not inclined to continue contempt proceedings any further, however, the concerned Authority should take steps within three months from today to comply the order of the Land Acquisition Officer dated 16th March, 2012. In short, the amount towards rental compensation should be paid to the Petitioners with interest as observed by the Land Acquisition Officer in the operative part of his order, which is placed on record alongwith the reply within a

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916 cp.114.12

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period of three months from today.

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3 With the above observations, the show cause notice stands discharged. Contempt petition stands disposed of.

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ndm

Murlidhar Yadav Kambale and Ors. v. the State of Maharshtra and Ors.

Case brief

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Murlidhar Yadav Kambale and Ors. v. the State of Maharshtra and Ors.

Case brief

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