Petitioners allege that licencees of their land are obstructing delayed land acquisition proceedings for Kolhapur Airport despite a Civil Court order recognising no rights of the licencees. Court found prima facie substance and issued notice to respondents for hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1.WP16858_2024.DOC
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16858 OF 2024
Meenakshi Balaso Magdum & Ors. … Petitioners
Versus
G.B. Industries Reg. Partnership Firm, through its …Respondents partners & Ors.
Mr. R.M. Haridas a/w. Mr. Prasad P. Kulkarni, Ananda Chavan and Somnath Thengal for the petitioners.
Mr. Rajan S. Pawar, AGP for the State/respondent nos. 2, 3 and 5. Ms. Kanchan Phatak i/b. Mr. Nitin Deshpande for respondent no. 4.
_______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. Date : 21 November, 2024
PC:
that respondent nos. 1A and 1B have filed a Writ Petition in this Court raising issues, similar to the subject matter of the present proceedings, namely, the acquisition of the land of the ownership of the petitioner for the Kolhapur Airport.
what the licence would confer. His contention is that the Collector,
Page 1 of 3 21 November, 2024
1.WP16858_2024.DOC
Kolhapur/respondent no. 2 as also the Competent Authority/respondent no. 3 are playing at the hands of respondent no. 1 and are not proceeding with the acquisition giving some credence to the case of these respondents although not explicitly. This despite a specific order passed by the Civil Court in a Civil Suit, which does not recognize any legal right of respondent nos. 1A and 1B.
Page 2 of 3 21 November, 2024
1.WP16858_2024.DOC
are not represented on the adjourned date of hearing, the Court shall proceed to hear the appearing parties considering that respondent nos. 1A and 1B are not interested to contest the present proceedings.
concerned officer.
(ADVAIT M. SETHNA, J.) (G. S. KULKARNI , J.)
Page 3 of 3 21 November, 2024
Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 26/11/2024 12:47:13
1 issue framed by the court
Whether respondents 1A/1B, as licencees under a Leave and Licence Agreement, can claim any right questioning the Kolhapur Airport land acquisition or in compensation.
Meenakshi Balaso Magdum & Ors.
G.B. Industries Reg. Partnership Firm, through its partners & Ors.
G. S. Kulkarni
Advait M. Sethna
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
