Tag: Land Acquisition/Requisition(Central/State) Acquisition For Government/Local Bodies

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mahammud Sayed Fakih Since Dec Thr His Legal Heirs ....PETITIONER V/S Shripat Kathod Tambde Since Dec Thr Lrs ....RESPONDENT Mr Sanjay S Patil Advocate for Petitioner. { Mentioned at 3.50 p.m. } Ms Kavita N Solunke - AGP for Respondent - State. CORAM : HON'BLE SHRI JUSTICE R.D. DHANUKA & HON'BLE SHRI JUSTICE SHRIRAM MADHUSUDAN MODAK, JJ DATE : 22nd February, 2022 P.C. : S. O. to 23/02/2022 ( H. O. B.). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1201 OF 2022 Abdul Aziz Mohd.Sayed Fakih, since deceased through His L.Rs. & Ors. ...Petitioners V/s. Shripat K.Tambde, since deceased through His L.Rs. & Ors. ...Respondents Mr.Sanjay S. Patil for the Petitioners. Mr.R.S. Pawar, AGP for the Respondent for the State - Respondent Nos.4 and 5. CORAM : R.D. DHANUKA & S.M. MODAK, JJ. DATE : 23RD FEBRUARY, 2022. P.C. :- Mr.Pawar, learned AGP for the State seeks time to take instructions and to file affidavit in reply. The grievance of the petitioners is that though the land of the petitioners is the subject matter of the impugned award, the compensation is awarded in favour of the respondent nos.1 to 3. Statement is accepted. Issue notice upon the respondent nos.1 to 3, returnable on 6 th April, 2022. Hamdast is permitted. In addition to the Court notice the petitioners are permitted to serve the respondent nos.1 to 3 by private service by all permissible modes of services in accordance with law. Learned AGP waives service for the respondent nos.4 and 5. The respondent nos.4 and 5 shall not release any payment of compensation in favour of the respondent nos.1 to 3 till next date. Place the matter on board for admission on 6th April, 2022. (S.M. MODAK, J.) (R.D. DHANUKA, J.) Digitally signed by VASANT ANANDRAO IDHOL Date: 2022.02.24 12:13:36 +0530

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mohammud Sayed Fakih Since deceased Through LRs. … Petitioner Versus Shripat Kathod Tambde Since deceased Through LRs. … Respondent Mr. Sanjay S. Patil, Advocate for the Petitioner. Mr. R. S. Pawar, AGP for the Respondents/State. CORAM: S.V. GANGAPURWALA & VINAY JOSHI, JJ. DATED : APRIL 6, 2022 P.C. Await service. Stand over to 4 th May 2022. Interim order passed earlier to continue till then. (VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) RAJU DATTATRAYA GAIKWAD Digitally signed by RAJU DATTATRAYA GAIKWAD Date: 2022.04.08 15:20:58 +0530

Order - Status 10: 48-wp1201-22.doc vai VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2022.05.06 15:02:27 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1201 OF 2022 Abdul Mohd.Sy.Fakih, since deceased through his L.Rs. ...Petitioners V/s. Shripat K. Tambde, since deceased through his L.Rs. & Ors. ...Respondents Mr.Sanjay Patil for the Petitioners. Mrs.M.S. Bane, AGP for the State - Respondent. CORAM : S.V. GANGAPURWALA & M.G. SEWLIKAR, JJ. DATE : 4TH MAY, 2022. P.C. :- Await service. Returnable date is extended to 12th July, Ad-interim order passed by this Court to continue till then. (M.G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.)

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mahammud Sayed Fakih Since Dec Thr His Legal Heirs ....PETITIONER V/S Shripat Kathod Tambde Since Dec Thr Lrs ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE R.D. DHANUKA & HON'BLE SHRI JUSTICE M. G. SEWLIKAR, JJ DATE : 12th July, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 12/09/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mahammud Sayed Fakih Since Dec Thr His Legal Heirs ....PETITIONER V/S Shripat Kathod Tambde Since Dec Thr Lrs ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE NITIN JAMDAR & HON'BLE JUSTICE SHARMILA U. DESHMUKH, JJ DATE : 12th September, 2022 P.C. : Due to paucity of time the matter is adjourned to 28/09/2022 In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 16: BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2022.09.29 14:57:41 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mahammud Sayed Fakih … Petitioner Versus Shripat Kathod Tambde & Ors. … Respondents ****** Mr. Sanjay Patil for the Petitioner. Mr. Prithviraj Gole for the Respondent Nos. 1 to 3. Mr. S. B. Kalel, AGP for the State. ****** CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ. DATE : 28th SEPTEMBER, 2022 P.C. :- . The matter is mentioned in the morning. The matter as per the roster would be before the coordinate bench. The coordinate bench is not available. The petitioner seeks continuation of the interim order passed earlier. The learned advocate for the respondent nos. 1 to 3 is present and the learned AGP is also present. At the request of parties, place the matter on 11th October, 2022. Interim order passed earlier shall continue till then. [R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Azia Mahammud Sayed Fakih (Since deceased through his LRs) Vazir Begam Aziz Mahammud Sayed Fakih (Since deceased through her LRs) 1 Tahera Mahammud Yousuf Hendade and Ors. .. Petitioners Versus Shripat Kathod Tambde (Since deceased through his LRs) 1 Vasant Shripat Tambde and Ors. .. Respondents …... Mr.Sanjay Patil, Advocate for the Petitioners. Mr.Sandesh Patil i/b. Mr.Chintan Shaha, Advocate for Respondent Nos. 1 to 3. Mr.R.S. Pawar, AGP for the Respondent – State. …... CORAM : NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ. DATED : 11 October 2022. RAJESHRI PRAKASH AHER Digitally signed by RAJESHRI PRAKASH AHER Date: 2022.10.15 16:37:07 +0530 P.C. : The learned counsel for Respondents raised a preliminary objection that the Petitioners have an alternate remedy under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, where the Petitioners can make a reference to the concerned authority. 2 Learned counsel for the Petitioner accepts and states that the Petitioners will approach the concerned authority and prays that the ad–interim order granted in this Petition be continued for some time to enable the Petitioners to approach the concerned authority. Considering the above submissions, and the fact that ad–interim order is operating since February 2022, while we dispose of the Petition, we continue the position under ad–interim order dated 23 February 2022, for a period of four weeks. 3 The contentions of the parties are kept open and continuation of ad–interim order will not be construed as reflection on the merits of the rival contentions. 4 Writ Petition is accordingly disposed of. SHARMILA U. DESHMUKH, J. NITIN JAMDAR, J.