Disposed

Anuradha Shivaji Chavan and Others v. the Additional Collector and Others

Bombay HC9 Aug 2023WP/9800/2022

Case brief

AI extract

What is this about?

High Court quashed multiple Writ Petitions concerning land acquisition. Relying on Supreme Court orders directing parties to use execution courts, the petitioners were given liberty to file appropriate execution proceedings with all contentions kept open.

What did the court decide?

All writ petitions disposed of with liberty to petitioners to approach the Executing Court by preferring appropriate proceedings.

Anuradha Shivaji Chavan and Others Vs the Additional… — Execution and Attachment | Bombay HC (2023)

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905-WP-9777-2023 +++.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.9777 OF 2022

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BALIRAM GANAPATRAO JADHAV AND OTHERS VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9779 OF 2022

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RANJANA SANJAY UJALAMBE AND OTHERS VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9805 OF 2022

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CHAYA PANDURANG BIRAJDAR AND OTHERS VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9800 OF 2022

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ANURADHA SHIVAJI CHAVAN AND OTHERS VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9856 OF 2022

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GAJANAN OMPRAKASH MAHAJAN AND OTHERS VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

1 of 4

(( 2 ))

905-WP-9777-2023 +++

WITH

WRIT PETITION NO. 9842 OF 2022

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ARVIND BANNARAO HINGMIRE AND OTHERS VERSUS THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9798 OF 2022

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MAHADEV GURABASAPPA MANGULE AND OTHERS VERSUS THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9803 OF 2022

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RAM DHONDIBA YADHAV

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VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9849 OF 2022

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ANURADHA AJAY MAINDARKAR AND OTHERS VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9867 OF 2022

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DILIP RAMBHAU KALDATE AND OTHERS

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VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

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WITH

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WRIT PETITION NO. 9822 OF 2022

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ANIL BHIMASHANKAR UTAGE AND OTHERS VERSUS

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THE ADDITIONAL COLLECTOR AND OTHERS

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2 of 4

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(( 3 )) 905-WP-9777-2023 +++

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Mr. B. K. Pawar, Advocate h/f Mr. A. B. Kale, Advocate for Petitioners Mr. P. K. Lakhotiya, AGP for Respondent No.1 Mr. V. T. Sakolkar, Advocate for Respondent No.2 in WP/9803/2022 Ms Nikita Gore, Mr. B. M. Dhanure, Mr. S. S. Deve, Mr. R. B. Bagul, Mr. S. W. Munde, Mr. Bhushan B. Kulkarni, Standing Counsel for Union of India/Respondent No.3

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CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

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DATE : 09.08.2023

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PER COURT :-

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We have perused the orders passed by the Hon'ble Supreme Court, dated 24.08.2022 in Civil Appeal No.5256 of 2022 (National Highways Authority of India Vs. Sheetal Jaidev Vade and others) and dated 01.08.2022 passed in Special Leave to Appeal (Civil) No.12409 of 2022 (Project Director, National Highways Authority of India Vs. Saraswatibai Chandrakant Shinde and others) .

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As such, the view taken by the Hon'ble Supreme Court is that this Court should not exercise the jurisdiction of an executing Court and the parties should be permitted to resort to the execution proceedings as is permissible in law.

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3 of 4

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(( 4 )) 905-WP-9777-2023 +++

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In view of the above, on the request of the Petitioners, these petitions are disposed off with liberty to the Petitioners to approach the Executing Court by preferring appropriate proceedings as are permissible in law. All contentions of the parties are kept open.

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The learned Advocate for the Petitioners makes a request for a time bound programme for the Executing Court. The learned Advocate representing the NHAI submits that, in this very acquisition, more than 300 execution proceedings are pending. Therefore, we would expect the Executing Court to deal with these proceedings as per their dates of lodging i.e. by seniority.

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[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]

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SMS

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Anuradha Shivaji Chavan and Others v. the Additional Collector and Others

Case brief

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Anuradha Shivaji Chavan and Others v. the Additional Collector and Others

Case brief

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