Disposed

Shivputra Shankar Karambali and Ors. v. State of Maharashtra and Ors.

Bombay HC5 Mar 2014WP/10069/2013

Case brief

AI extract

What is this about?

This Court disposed of a Writ Petition concerning land acquisition. Directing parties to produce copies of an application filed under Section 48 of the Land Acquisition Act to the Divisional Commissioner. The Court sought a speedy disposal of that application by the Commissioner and extended ad-interim relief pending its outcome.

What did the court decide?

Directed parties to appear before Divisional Commissioner; directed Commissioner to decide pending application under Section 48 expeditiously; extended ad-interim relief pending communication of appli

Shivputra Shankar Karambali and Ors. Vs State of Maharashtra… — Land Acquisition | Bombay HC (2014)

wp-10069.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10069 OF 2013

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Shivputra Shankar Karambali and others ... Petitioners

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Vs.

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State of Maharashtra and others ... Respondents

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Mr. Neel Girish Helekar, for the Petitioners. Mr. A.I. Patel, AGP for the Respondent Nos.1 to 4.

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CORAM : A.S. OKA & A.A. SAYED, JJ.

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DATE : 5^th MARCH, 2014

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P.C.

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. Heard the learned counsel appearing for the Petitioners and

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the learned AGP for the Respondents. The learned counsel appearing for the Petitioners states that Award under Section 11 of the Land Acquisition Act, 1894 (for short “the said Act”) has been already made and a notice under Section 12(2) read with Section 16 of the said Act has been served to the Petitioners. He states that in view of the ad interim order of this Court, the Petitioners have not been dispossessed. He invited our attention to Exhibit “A” to the Petition which is an application invoking powers of the Divisional Commissioner under Sub section (1) of Section 48 of the said Act. He states that the said application is pending. The learned AGP has no instructions.

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As the case of the Petitioners is that the said application is pending, we dispose of the Petition by passing the following order :

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ORDER

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(i) We direct the Petitioners or their authorised representative to personally remain present before the Divisional Commissioner, Pune Division, Pune on 24^th March, 2014 at 11.00 am. The Petitioners shall produce a true copy of the application dated 6^th May, 2013 (Exhibit “B” to the Petition) along with an authenticated copy of this order before the Divisional Commissioner on the aforesaid date;

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(ii) If the application made by the Petitioners is already decided, a copy of the order passed on the said application be provided to the Petitioners within a period of 15 days from 24^th March, 2014;

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(iii) If the said application is pending, the Divisional Commissioner or Additional Commissioner, as the case may be shall make an endeavour to decide the same as expeditiously as possible and preferably within a period of four months from 24^th March, 2014;

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(iv) Order passed on the application be communicated to the Petitioners. Adinterim relief granted on 11^th November, 2013 shall continue to operate till the date on which the order passed on the application is communicated to the Petitioners or one of them. If the said order be adverse to the Petitioners, adinterim relief shall continue to operate for a period of four weeks from the date on which the communication of the order is received by one of the Petitioners;

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(v) All contentions on merits are kept open;

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(vi) The Petition is disposed of on above terms;

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(vii) Parties to act upon the authenticated copy of this order.

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(A.A. SAYED, J )

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(A.S.OKA, J )

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Shivputra Shankar Karambali and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

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Shivputra Shankar Karambali and Ors. v. State of Maharashtra and Ors.

Case brief

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What did the court decide?

What the court decided

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