Tag: Land Laws And Agricultural Tenancies

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3165 OF 2017 ................... Sundari Somnath Salian .. Petitioner Versus State of Maharashtra and Ors. .. Respondents .................... Mr. Sunil Karandikar for Petitioner. Mr. S.H.Kankal, AGP for Respondent Nos.1 to 4. None for Respondent No.5. CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 23, 2022. P.C. : Heard Mr.Karandikar, learned Advocate for Petitioner. By Order dated 25.05.2008, Tahasildar granted access of 16 sq.mtr. for road to the Petitioner with one pre-condition that Petitioner shall keep the said area open and not construct any compound on the same seeking exclusivity. It is submitted that Respondent No.5 society being aggrieved, challenged the above condition before the Collector. By Order dated 19.09.2008, Collector confirmed the Order of Tahasildar rejecting the said challenge. By order dated 14.10.2009, Additional Commissioner dismissed the revision. In second revision before the State, specifically pertaining to the said condition which emanated from the order of the Tahasildar, the State passed order cancelling the original allotment and grant of 16 sq.mtr. area for road by Tahasildar to the Petitioner. Prima-facie it is seen that the subject matter in appellate proceedings and revision proceedings was limited to the extent of challenge to the condition only i.e. restricting the constructions of compound by Petitioner. In that view of the matter cancelling the original allotment of the subject land to the Petitioner was never in dispute or the subject matter of challenge in Appeal proceedings or in the subsequent revision proceedings. In view of the above, issue notice to Respondents. In addition to service of notice through Court, Petitioner shall serve Respondents by any permissible mode of service and file affidavit of service with tangible proof thereof before the returnable date. Mr. Kankal waives notice on behalf of Respondent Nos. 1 to 4. Petitioner shall serve a copy of the order on Respondent No.5. In the meanwhile, impugned order dated 31.10.2014 shall stand stayed. Reply to be filed within four weeks from today. Rejoinder, if any, to be filed within one week thereafter. Stand over to 11th January, 2023. [ MILIND N. JADHAV, J. ]

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3165 OF 2017 Smt. Sundari Somnath Salian ....PETITIONER V/S The State Of Maharashtra And Ors. ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 11th January, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 15/02/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3165 OF 2017 Smt. Sundari Somnath Salian ....PETITIONER V/S The State Of Maharashtra And Ors. ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 15th February, 2023 P.C. : Mentioned out of turn. At the request of the learned Counsel for the Petitioner/Respondent, stand over to 21/02/2023. Ad-interim relief, if any, to continue till the next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: 1 of 7 2-wp-3165-17 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 3165 OF 2017 Smt. Sundari Somnath Salian ..Petitioner Versus The State of Maharashtra & Ors. ..Respondents Mr. Sunil G. Karandikar for petitioner. Mr. Avinash H. Fatangare i/b. Archana S. Shelar for Respondent No.5. Mr. C. D. Mali, A.G.P. for the State/Respondent Nos.1 to 4. __________ __________ CORAM : SARANG V. KOTWAL, J. DATE : 10 MARCH 2023 PC : The petitioner herein has challenged the order dated 22/04/2014 passed by the Secretary and Special Executive Officer (Appeals) in the Revision Application S-30/2710/P.K.139/G-4 P.K.524(01)/2012/AVPU, as well as, the order dated 31/10/2014 rejecting the review of that particular order. The petitioner had requested for a road for accessing her plot at City Survey No.7754. The Tahsildar, Ambernath vide order dated 25/03/2008 directed that the plot admeasuring 16 Sq.mtr. from the plot No.81 owned by the respondent No.5 Society be allotted to the petitioner for a road accessing to her plot after depositing certain amount. That order was challenged by the respondent No.5 Society before the Collector, Thane. The said authority vide order dated 19/09/2008 rejected the objection raised by the society and upheld the order passed by the Tahsildar. However, vide Clause 3 of the said order dated 19/09/2008 it is clarified that the said portion could be used by the petitioner only for accessing her plot as a road to her plot. She was directed not to erect any compound around that particular portion. This particular clause of the Collector's order was challenged by the petitioner before the Additional Commissioner (Konkan Division) Mumbai. That appeal was dismissed vide order dated 14/10/2009 and the order passed by the Collector was confirmed. In this particular appeal before the Additional Commissioner, the petitioner had challenged only the restriction on putting up a compound around that portion. There was, of course, no challenge by the petitioner for grant of that particular portion for her use. The petitioner thereafter filed the Revision U/s.257 of the Maharashtra Land Revenue Code 1966 (for short 'M.L.R.Code') 3 of 7 2-wp-3165-17 before the Government of Maharashtra. That Revision application was rejected vide order dated 22/04/2014. While rejecting that revision application, the Secretary and Special Executive Officer (Appeals) for Government of Maharashtra also set aside the orders dated 25/03/2008 passed by the Tahsildar, Ambernath, the order dated 19/09/2008 passed by the Collector, Thane and the order dated 14/10/2009 passed by the Additional Commissioner (Konkan Division) Mumbai. The petitioner then preferred a review application of that order before the same authority. That review was also dismissed. The petitioner in these circumstances has approached this court challenging the order passed by the Government of Maharashtra U/s.257 of the M.L.R. Code. Learned counsel for the petitioner submitted that the State Government exceeded the scope of revision application preferred by the petitioner. The Government could only have taken into consideration the objection raised by the petitioner and the contentions raised by the petitioner. It was not open for the 4 of 7 2-wp-3165-17 Government to have considered the legality or validity of the order passed by the Tahsildar, Ambernath, the Collector, Thane and the Additional Commissioner (Konkan Division) Mumbai. Therefore, prejudice is caused to the petitioner because she was not given notice that all these three orders would be set aside by the impugned order. He further submitted that the Revisional Authority had taken into consideration Section 143 of the M.L.R. Code, but the petitioner was not heard and in consonance of the principles of natural justice, she at least deserved hearing before any adverse order was passed in her own revision application. Learned counsel for the Respondent No.5 submitted that the said respondent had filed their written submissions before the revisional authority, therefore, the petitioner was very much aware of the stand taken by the society. Therefore, the petitioner was not taken by surprise when the order was passed by the revisional authority. Learned counsel for the Respondent No.5 relied on the Judgment passed by a Single Judge of this Court in the case of Pandurang Chandrabhan Bauche and another Vs. Jalindhar Sarandhar Tupe & Ors. 1 to contend that the powers U/s.143 of the M.L.R. Code could be used only in respect of an agricultural land and not for the lands which are situated within the city limits. I have considered these submissions and I have perused the impugned orders passed by the revisional authority. The revisional authority has referred to Section 143 of the M.L.R. Code and has observed that the Tahsildar does not have power to pass any order in respect of a road leading to a plot which was not an agricultural land. To that extent, I do not find any infirmity in that order. However, the fact remains that the petitioner was not given any opportunity to make her submissions. Therefore, only to that extent and in the interest of justice, the petitioner deserves some hearing before any adverse order was passed by the revisional authority in the petitioner's own revision application. In such a case, the petitioner could have come up with other factual aspects of the matter and some solution could have been found between the parties. Some workable consequential relief could have been considered. The Judgment relied on by learned counsel for the 1 2009 (3) Mh.L.J. 467 Respondent No.5 also supports the reasoning given by the revisional authority. Therefore, legally, I do not see that the revisional authority had committed any error. The only difficulty is that the petitioner was not heard when an adverse order was passed in her own revision application. She was not put to notice that such order was contemplated. Therefore, only because of that, I am inclined to remand back this revision proceeding before the revisional authority. Except for the power of the Tahsildar U/s.143 of the M.L.R. Code referred to herein above, the other contentions of the petitioner, as well as, of the respondent No.5 are left open. It is also necessary to take care of the consequences of cancellation of the order passed by the Tahsildar which can be decided by the revisional authority and for that purpose it is also necessary to remand back the revision application to the revisional authority. Hence, the following order: O R D E R i) The Writ Petition is allowed. ii) The Revision Application filed by the petitioner is remanded back to the Revisional Authority. iii) It is made clear that, all other contentions of both the parties, except with reference to Section 143 of the M.L.R. Code, are left open. iv) The Revision Application shall be decided within a period of three months from today. v) The Writ petition is disposed of. (SARANG V. KOTWAL, J.)

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10881 OF 2014 Shri. Ganesh Keshav Jog (since Decd) Through Lrs ....Petitioner V/S The Divisional Commissioner, Pune Division, Pune And Ors ....Respondent WITH WRIT PETITION NO. 10937 OF 2015 Shri Bajirao Kisan Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6301 OF 2015 Shankarrao Govindrao Rananavare ....Petitioner V/S The Collector, Kolhapur District And Ors. ....Respondent WITH WRIT PETITION NO. 6302 OF 2015 Govindrao Shankarrao Rananavare (since Decd) Through Lrs. ....Petitioner V/S The Collector, Kolhapur District And Ors. ....Respondent WITH WRIT PETITION NO. 6303 OF 2015 Ganpatrao Govindrao Rananavare ....Petitioner V/S The Collector, Kolhapur District And Ors. ....Respondent WITH WRIT PETITION NO. 11843 OF 2015 Shri. Kisan Vishram Kad ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 11844 OF 2015 Smt. Droupadabai Uttam Shelke And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 9233 OF 2014 Shri Kantaram Bhausaheb Kad And Ors ....Petitioner V/S The State Of Maharashtra Through Its Urban Development Department And Ors ....Respondent WITH WRIT PETITION NO. 12580 OF 2015 Shri Gangaram Bhiku Daundkar Through Poa Holder Shankar Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 12588 OF 2015 Shri Maruti Ganpat Amle Through Poa, Shri Ashok Kad And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6205 OF 2015 Shri. Gulab Shankar Mhaske And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 1027 OF 2016 Shri Baban Rambhau Mohite Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 1028 OF 2016 Shri Rajaram Ananda Mohite And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1030 OF 2016 Shri Balasaheb Bhau Jadhav And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2786 OF 2016 Shri. Laxman Gajanan Mohite And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 2788 OF 2016 Shri Gorakh Vasant Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2785 OF 2016 Shri Sukhdeo Murha Darekar ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2790 OF 2016 Shri Rambhau Baban Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2784 OF 2016 Shri Sitaram Sopana Darekar ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2787 OF 2016 Shri Devchand Laxman Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2789 OF 2016 Shri Namdeo Sakharam Darekar And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 11228 OF 2016 Shri. Mohan Baban Palande Petitioner V/S The State Of Maharashtra Through The Respondent Secretary And Ors. WITH WRIT PETITION NO. 11224 OF 2016 Shri. Madhukar Balwant Palande And Ors ....Petitioner V/S The State Of Maharashtra Through Secretary And Ors ....Respondent WITH WRIT PETITION NO. 11225 OF 2016 Shri. Sudam Ramrao Palande Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 11231 OF 2016 Geetabai Vasant Palande ....Petitioner V/S The State Of Maharashtra Through The Secretary, Dept. Of Relief And Rehabilitation And Ors. ....Respondent WITH WRIT PETITION NO. 11229 OF 2016 Narshing Narayan Palande Petitioner V/S The State Of Maharashtra Through Secretary Respondent And Ors WITH WRIT PETITION NO. 14209 OF 2016 Chandrakant Alias Kaluram Sadashiv Mutke ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION STAMP NO. 13466 OF 2017 Shri. Bhairu Namdev Darekar And Ors. ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 6369 OF 2015 Bandu Laxman Salgar (since Decd) Through Lrs. Ganpati B. Salgar (since Decd) Lrs. Jaysing G. Salgar ....Petitioner V/S The Collector, Kolhapur District And Ors. ....Respondent WITH WRIT PETITION NO. 3554 OF 2016 Shri Bhagwan Genu Argade And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 11659 OF 2014 Shri. Bapu Balu Dhangar (bandgar) (since Decd) Through Lrs. ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 8130 OF 2016 Ganpati Kedari Borage (decd) Through Lrs. ....Petitioner V/S Collector And Deputy Director For Rehabilitation And Ors ....Respondent WITH WRIT PETITION NO. 9774 OF 2015 Anandrao Laxman Thorat And Ors Petitioner V/S State Of Maharashtra And Ors Respondent WITH WRIT PETITION NO. 4804 OF 2015 Hari Ganpat Madne And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent Manoj Patil i/b Suman Yashavant Lengare For Petitioner A B Vagyani Government Pleader Writ Cell R.no. 1 To 5, 7 And 8 Vijay Dinkarrao Patil R.no. 6 . Pallavi Potnis R.no. 12a, 12b, 12d And 12e ,13 CORAM : THE CHIEF JUSTICE & N.M. JAMDAR, JJ DATE : 25th July, 2017 P.C. : Stand over to 31/7/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10881 OF 2014 Shri. Ganesh Keshav Jog (since Decd) Through Lrs ....Petitioner V/S The Divisional Commissioner, Pune Division, Pune And Ors ....Respondent WITH WRIT PETITION NO. 10937 OF 2015 Shri Bajirao Kisan Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 11843 OF 2015 Shri. Kisan Vishram Kad ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 11844 OF 2015 Smt. Droupadabai Uttam Shelke And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 9233 OF 2014 WITH WRIT PETITION NO. 12580 OF 2015 Shri Gangaram Bhiku Daundkar Through Poa Holder Shankar Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 12588 OF 2015 Shri Maruti Ganpat Amle Through Poa, Shri Ashok Kad And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6205 OF 2015 Shri. Gulab Shankar Mhaske And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1027 OF 2016 Shri Baban Rambhau Mohite Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 1028 OF 2016 Shri Rajaram Ananda Mohite And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1030 OF 2016 Shri Balasaheb Bhau Jadhav And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2786 OF 2016 Shri. Laxman Gajanan Mohite And Ors Petitioner V/S The State Of Maharashtra And Ors Respondent WITH WRIT PETITION NO. 2788 OF 2016 Shri Gorakh Vasant Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2785 OF 2016 Shri Sukhdeo Murha Darekar Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2790 OF 2016 Shri Rambhau Baban Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2784 OF 2016 Shri Sitaram Sopana Darekar Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2787 OF 2016 Shri Devchand Laxman Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2789 OF 2016 Shri Namdeo Sakharam Darekar And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION STAMP NO. 13466 OF 2017 Shri. Bhairu Namdev Darekar And Ors. ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 3554 OF 2016 Shri Bhagwan Genu Argade And Ors Petitioner V/S The State Of Maharashtra And Ors Respondent Manoj Patil i/b Mrs Suman Yashavant Lengare For Petitioner AB VagyaniGovernment Pleader with P G Sawant,AGP with Ms G R Golatkar Asst AGP for State 1 To 5, 7 And 8 Vijay Dinkarrao Patil R.no. 6 Pallavi Potnis R.no. 13 Pallavi Potnis R.no. 12a, 12b, 12d And 12e For Respondent CORAM : THE CHIEF JUSTICE & N.M. JAMDAR, JJ DATE : 11th September, 2017 P.C. : Stand over to 25/09/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10881 OF 2014 Shri. Ganesh Keshav Jog (since Decd) Through Lrs ....Petitioner V/S The Divisional Commissioner, Pune Division, Pune And Ors ....Respondent WITH WRIT PETITION NO. 10937 OF 2015 Shri Bajirao Kisan Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 11843 OF 2015 Shri. Kisan Vishram Kad ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 11844 OF 2015 Smt. Droupadabai Uttam Shelke And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 9233 OF 2014 WITH WRIT PETITION NO. 12580 OF 2015 Shri Gangaram Bhiku Daundkar Through Poa Holder Shankar Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 12588 OF 2015 Shri Maruti Ganpat Amle Through Poa, Shri Ashok Kad And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6205 OF 2015 Shri. Gulab Shankar Mhaske And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1027 OF 2016 Shri Baban Rambhau Mohite Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 1028 OF 2016 Shri Rajaram Ananda Mohite And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1030 OF 2016 Shri Balasaheb Bhau Jadhav And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2786 OF 2016 Shri. Laxman Gajanan Mohite And Ors Petitioner V/S The State Of Maharashtra And Ors Respondent WITH WRIT PETITION NO. 2788 OF 2016 Shri Gorakh Vasant Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2785 OF 2016 Shri Sukhdeo Murha Darekar Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2790 OF 2016 Shri Rambhau Baban Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2784 OF 2016 Shri Sitaram Sopana Darekar Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2787 OF 2016 Shri Devchand Laxman Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2789 OF 2016 Shri Namdeo Sakharam Darekar And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION STAMP NO. 13466 OF 2017 Shri. Bhairu Namdev Darekar And Ors. ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 3554 OF 2016 Shri Bhagwan Genu Argade And Ors Petitioner V/S The State Of Maharashtra And Ors Respondent R S Apte,Sr,Counsel with Manoj Patil i/b Mrs Suman Yashavant Lengare For Petitioner A B Vagyani Government Pleader with P G Sawant AGP with G R Golatkar & R S Sawant AAgP for R.no. 1 To 5, 7 And 8 Vijay Dinkarrao Patil R.no. 6 Pallavi Potnis R.no. 13 Pallavi Potnis R.no. 12a, 12b, 12d And 12e For Respondent CORAM : THE CHIEF JUSTICE & N.M. JAMDAR, JJ DATE : 25th September, 2017 P.C. : Stand over to 26/09/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 13: Sequeira IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11659 OF 2014 Mr.Bapu Balu Dhangar - (since deceased) Through LRs. … Petitioner. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 11225 OF 2016 Mr.Sudam Ramrao Palande. … Petitioner. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 11224 OF 2016 Mr.Madhukar Balwant Palande and others. … Petitioners. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 8130 OF 2016 Mr.Ganpati Kedari Borage (Decd) Through LRs. … Petitioners. V/s. Collector and Deputy Director for Rehabilitation and others. … Respondents. Along with WRIT PETITION NO. 6303 OF 2015 Mr.Ganpatrao Govindrao Rananavare. … Petitioners. V/s. The Collector, Kolhapur District and others. … Respondents. Along with WRIT PETITION NO. 6369 OF 2015 Mr.Bandu Laxman Salgar (since decd) Through LRs. … Petitioners. V/s. The Collector, Kolhapur District and others. … Respondents. Along with WRIT PETITION NO. 6301 OF 2015 Mr.Shankarrao Govindrao Rananavare. … Petitioner. V/s. The Collector, Kolhapur District and others. … Respondents. Along with WRIT PETITION NO. 6302 OF 2015 Mr.Govindrao Shankarrao Rananavare (since decd) through LRs. … Petitioners. V/s. The Collector, Kolhapur District and others. … Respondents. Along with WRIT PETITION NO. 4804 OF 2015 Mr.Hari Ganpat Madne and others. … Petitioners. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 11229 OF 2016 Mr.Narshing Narayan Palande. … Petitioner. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 11228 OF 2016 Along with WRIT PETITION NO. 14209 OF 2016 Mr.Chandrakant alias Kaluram Sadashiv Mutke. … Petitioner. V/s. The State of Maharashtra and others. … Respondents. Along with CIVIL APPLICATION NO. 295 OF 2017 in WRIT PETITION NO. 14209 OF 2016 Mr.Aba Yashwant Deshmukh … Applicant. V/s. Mr.Chandrakant @ Kaluram Sadashiv Mutke. … Respondent. Along with WRIT PETITION NO. 9774 OF 2015 Mr.Anandrao Laxman Thorat and others. … Petitioners. V/s. State of Maharashtra and others. … Respondents. Along with WRIT PETITION (Stamp) NO. 13466 OF 2017 Mr.Bhairu Namdeo Darekar and others. … Petitioners. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 3554 OF 2016 Mr.Bhagwan Genu Argade and others. … Petitioners. V/s. The State of Maharashtra and others. … Respondents. 3 sr.2 WP 11659-14 wt group....doc Mr.Sanjeev Kadam for the Petitioner in WP No.11659/2014. Mr.Vishwanath Talkute for Petitioners in WP No.4804 /2015. Mr.Vivek Salunkhe, for Petitioners in W.P. Nos.6301/2015, 6302/2016, 6303/2016 and 6369/2015. Mr.S.R.Nargolkar i/b Mr.Swapnil Mohite, for Petitioners in W.P. Nos.11224/2016, 11225/2016, 11228/2016, 11229/2016 and 11231/2016. Mr.S.R.Nargolkar i/b Mr.Omkar Amberkar, for the Petitioner in W.P. No.14209/2016. Mr.A.B.Vagyani – GP a/w Mr.P.G.Sawant – AGP a/w Ms.Geetanjali Golatkar – AAGP and Mr.Rohan Sawant – AAGP, for the State. Mr.P.D.Dalvi for Respondent Nos.5, 6A to 6D in in WP No.11659 / 2014. Mr.Manoj Patil i/b Ms.Suman Lengare, for Respondent Nos.7 and 8 in W P No.4804/2015. CORAM : DR. MANJULA CHELLUR, C.J. & N.M. JAMDAR, J. DATE : OCTOBER 3, 2017. P.C. :- In this group of matters, since a common question of law arises, identical facts are involved and the reliefs claimed is the same, by consent of learned counsel for the parties, the Petitions are disposed of by this common order. The learned counsel for the parties have also advanced common submissions. The Petitioners have filed the Petitions under Article 226 of Constitution of India seeking relief under section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Act of 2013'). They seek a declaration that acquisition proceedings have lapsed. The lands involved in these Petitions have been acquired under the Land Acquisition Act, 1894 for the resettlement of project affected persons. The resettlement of project affected persons is carried out under the provisions of Maharashtra Project Affected Persons Rehabilitation Act 1999. Notifications under section 4 of the Land Acquisition Act, 1894 were issued, thereafter followed by declaration under section 6 of the Land Acquisition Act, Awards in all these proceedings were declared five years prior to 1 January 2014. Since relief is sought under section 24(2) of the Act of 2013, it will be necessary to reproduce the said section for ready reference- Section 24(2) of the Act of 2013 reads thus :- "24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases- (1) ….......... (2) Notwithstanding anything contained in subsection (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act; Provided that where an award has been made and compensation in respect of a majority of landholdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under Section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act." Thus, three parameters are indicated in Section 24(2) of the Act of 2013. First, the award should be published five years prior to the date of commencement of the Act, which date is 1 January 2014. Second, the physical possession of the land is not taken. Third, the compensation is not paid. In all the Petitions, the State has asserted that State has taken possession of the lands in question. In some cases the State has placed on record that possession has been handed over to project affected persons. The Petitioners dispute this position. It is not possible for us to decide this contested factual issue of possession in these Petitions. However, in the case of Santosh Dnyaneshwar Aher v/s. State of Maharashtra Through its Secretary & Ors. 1 Division Bench of this Court has taken a view that for application of Section 24(2) of the Act of 2013, it is enough that either of the contingencies exist. That is, the possession of the land is not taken or compensation is not paid. This position is amply made clear by the Apex Court in the 1 . Writ Petition No. 3238 of 2015 dtd 17/01/2017 case of Delhi Development Authority v/s. Sukhbir Singh and Ors. 2 . In all these proceedings, the State has either filed affidavits or has placed a chart on record which has been counter signed by the learned Additional Government Pleader. These documents show that the compensation has not been paid to the Petitioners and the same is deposited in Personal Ledger Account or Revenue Account. It is an admitted position that in none of these petitions, compensation has been deposited in the court where reference under section 18 of Land Acquisition Act will lie. The aspect of compensation as regards Section 24(2) of Act of 2013 has been dealt by the Apex Court in the cases of Pune Municipal Corporation and Anr. v/s. Harakchand Misirimal Solanki and Ors. 3 and Delhi Development Authority v/s. Sukhbir Singh and Ors. The Apex Court analyzed the provision of Section 24 of the Act of 2013 and Section 31 of the Act of 1894. It was held that Section 31(2) of the Act of 1894, which envisages deposit of compensation in the Court, is a mandatory provision. As per Section 31(2) of the Act of 1894, if the compensation is not accepted or collected by the Claimant, the compensation has to be deposited by the Collector in the Court where the reference can be made under Section 18 of the Act of 1894. The Apex Court construed the phrase "compensation has not been paid " occurring in Section 24(2) of the 2 . AIR 2016 SCC 4275. 3. 2014(4) Mh. L.J.566 Act of 2013 as being "paid" as per Section 31(2) of the Act of 1894. The Apex Court laid down that if the compensation is not paid as per Section 31(2) of the Act of 1894, then Section 24(2) of the Act of 2013 is attracted and consequences of lapsing of acquisition contemplated under Section 24(2) of the Act of 2013, will ensue. This view has been followed in subsequent decisions by the Apex Court and the Division Benches of this Court. In the result, the contention of the Petitioners that the land acquisition proceedings have lapsed since the compensation is not paid as per Section 24(2) of the Act of 2013, will have to be upheld. Accordingly, Writ petitions are allowed holding that the Land Acquisition proceedings in respect of the lands in question have lapsed by virtue of section 24(2) of the Act of 2013. Writ Petitions are disposed of in above terms. No order as to costs. N.M. JAMDAR, J. CHIEF JUSTICE

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1356 OF 2021 Shri. Ramchandra Shankar Sutar … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1354 OF 2021 Shri. Uttam Tukaram Sutar … Petitioner V/s. State of Maharashtra … Respondents WITH WRIT PETITION NO.1343 OF 2021 Shri. Bhagwan Babaji Dhawale … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1352 OF 2021 Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1362 OF 2021 Shri. Dilip Gaurihar Dhawale (Dhangar) … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1359 OF 2021 Munni Adesh Deshmukh … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1361 OF 2021 Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1344 OF 2021 2021 L Shri. Govind Krishna Jadhav … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1357 OF 2021 2021 L Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1588 OF 2021 2021 L Shri. Maruti Ramaji Rodat (Jadhav) … Petitioner V/s. State of Maharashtra and Ors. … Respondents Mr. Dhananjay Chavan a/w Mr. Vijay Garad i/b. Mr. Rajendra A. Choudhary, Advocate for the Petitioners. i∕b. Mr. Rajendra A. Mr. S.B. Kalel, AGP for the Respondent - State. CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ. A S. TWA JADHAV & L, JJ. 25th AUGUST 2021. DATED : P.C. : In all these petitions, a common order is passed today because it involves the same question; only the factual aspect differs for each petitioner. The petitioners are Project Affected Persons whose lands were acquired for Koyna Dam Project way back in the year 1961. All these petitioners are still waiting for allotment of lands in lieu of the lands which were acquired. The petitioners have made applications before the authorities as follows :- Sr. No. Name Date of application 1. Shri. Ramchandra Shankar Sutar (WP/1356/2021) 24.07.2020 2. Shri. Uttam Tukaram Sutar (WP/1354/2021) 29.07.2020 3. Shri. Bhagwan Babaji Dhawale (WP/1343/2021) 20.05.2020 4. Shri. Dilip Gaurihar Dhawale (Dhangar) (WP/1362/2021) 29.05.2020 5. Sou. Munni Adesh Deshmukh (WP/1359/2021) 29.06.2020 6. Sou. Anusaya Dhondiba Maragage (WP/1357/2021) 29.05.2020 7. Shri. Govind Krishna Jadhav (WP/1344/2021) 24.07.2020 8. Sou. Anusaya Dhondiba Maragage (WP/1361/2021) 29.05.2020 9. Shri. Maruti Ramaji Rodat (Jadhav) (WP/1588/2021) 24.06.2020 10. Sou. Anusaya Dhondiba Maragage (WP/1352/2021) 29.05.2020 The Petitioners have mentioned in their applications that lands in different survey numbers situated in village Kundevahal, Taluka Panvel, District Raigad be allotted to them. The said applications are still not decided. The petitioners have prayed for allotment of lands. Applications are pending for quite sometime. The petitioners have not been given alternate lands for many years. Therefore, in the interest of justice, we are directing the Respondent Nos.2 and 3 to decide the applications of the petitioners for allotment of alternate lands of their choice within 8 weeks from today. With these directions, the petitions are disposed of. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J)

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal And Ors ....Petitioner V/S Gargi Packaging Industries Through Shri. Rajan Bachav And Ors ....Respondent Shri Shriram S. Kulkarni For Petitioner Mrs V S Nimbalkar, AGP R.no. 2 For Respondent CORAM : R.M. SAVANT., J DATE : 15th February, 2017 P.C. : Mentioned out of turn, stand over to 06/03/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7413 OF 2016 Shakuntala Vithal Bhujbal and others ..Petitioners Versus Gargi Packaging Industries Through Shri. Rajan Anandrao Bachav and others ..Respondents Mr. S. S. Kulkarni for the Petitioners. Mrs. V. S. Nimbalkar, AGP for the Respondent No.2. CORAM : R. M. SAVANT, J. DATE : 20th MARCH, 2017 P.C. 1 Heard Mr. S. S. Kulkarni, the Learned Counsel appearing for the Petitioners. 2 Issue notice to the Respondents, returnable on 17.04.2017. In addition to service of notice through Court, the advocate for the Petitioners shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery on the Respondents and shall file affidavit of service before the returnable date. 3 The Respondent No.1 is directed to maintain statusquo as on date in respect of the land in question. 4 Leave to amend so as to substitute Exh.H with the correct Exhibit. Amendment to be carried out within one week. [R.M.SAVANT, J]

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7413 OF 2016 ALONGWITH CIVIL APPLICATION NO. 1442 OF 2017 IN WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal & Ors. ….. Petitioners VERSUS Gargi Packaging Industries & Ors. ….. Respondents Mr.Shriram S. Kulkarni for the Petitioners. Kiran Varma, i/b. Mr.Kishore Gaikwad for the Respondent no. 1. Mr.J. A.Madane, A.G.P. for the State – Respondent nos. 2 to 4. CORAM : R.D. DHANUKA, J. DATE : 16th JANUARY, 2018 P.C . Learned A.G.P. states that his clients will file affidavit in reply and would also raise an objection to the maintainability of this petition on the ground that an alternate remedy exist against the impugned order passed by the Tahsildar. Affidavit in reply shall be filed within two weeks from today. It is made clear that no further extension would be granted. A copy of the affidavit in reply shall be served upon the petitioners' advocate simultaneously. Rejoinder if any, shall be filed within one week from the date of service of affidavit in reply and shall serve a copy thereof upon the respondents' advocates simultaneously. The petitioners are also directed to find out whether any alternate remedy exists against the order passed under the provisions of Bombay Tenancy and Agricultural Lands Act. S.O. to 13th February,2018 . [R.D. DHANUKA, J.] 1/1

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal And Ors ....Petitioner V/S Gargi Packaging Industries Through Shri. Rajan ....Respondent Bachav And Ors CORAM : R.D. DHANUKA, J DATE : 13th February, 2018 P.C. : Due to paucity of time Stand Over to 13/03/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal And Ors ....Petitioner V/S Gargi Packaging Industries Through Shri. Rajan ....Respondent Bachav And Ors Swapnil Mhatre i/b Shriram S. Kulkarni For Petitioner S.H.Kankal AGP For R.no. 2 Kishore Gaikwad For R. No.1 For Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 23rd August, 2018 P.C. : Stand Over to 06/09/2018.Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal And Ors ....Petitioner V/S Gargi Packaging Industries Through Shri. Rajan ....Respondent Bachav And Ors CORAM : SMT. REVATI MOHITE DERE, J DATE : 6th September, 2018 P.C. : Due to paucity of time the matter is adjourned Stand Over to 27/09/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal And Ors ....Petitioner V/S Gargi Packaging Industries Through Shri. Rajan ....Respondent Bachav And Ors Shriram S. Kulkarni For Petitioner P.J. Gavnane AGP For R.no. 2 Suhas Adhav i/b Kishore Gaikwad For R. No.1 CORAM : REVATI MOHITE DERE, J DATE : 27th September, 2018 P.C. : At the request of learned advocate for the respondents no. 1 & 3, Stand over to 19/10/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal And Ors ....Petitioner V/S Gargi Packaging Industries Through Shri. Rajan ....Respondent Bachav And Ors CORAM : REVATI MOHITE DERE, J DATE : 19th October, 2018 P.C. : Due to paucity of time the matter is adjourned for 19/11/2018 alongwith connected matters.Ad-interim relief if any to continue till then. Stand over to 19/11/2018. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal And Ors ....Petitioner V/S Gargi Packaging Industries Through Shri. Rajan ....Respondent Bachav And Ors CORAM : S.S. SHINDE, J DATE : 18th April, 2019 P.C. : Due to paucity of time the matter is adjourned for 24/06/2019. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 28: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal & Ors. …..Petitioners. Vs. Gargi Packaging Industries & Ors. …..Respondents. Mr. Pravartak Khatavkar I/by S.S. Kulkarni for the Petitioners. Mr. C.D. Mali AGP, for the Respondent No. 2State. CORAM : A. S. GADKARI, J. DATE : 24th JUNE, 2019. P.C.: Stand over to 15th July, 2019. 2 Adinterim relief, if any, to continue till then. (A.S. GADKARI, J.)

Order - Status 30: Tandle IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7413 OF 2016 WITH CIVIL APPLICATION NO. 1442 OF 2017 IN WRIT PETITION NO. 7413 OF 2016 Shakuntala Vithal Bhujbal and Ors. ... Petitioners. Versus Gargi Packaging Industries and Ors. ... Respondents. . . . . . . Mr. S. S. Kulkarni for Petitioners. Mr. Suhas Adhav I/b Kishor Gaikwad for Respondent No.1. Mr. C. D. Mali, AGP for Respondent Nos. 2, 3 & 4. . . . . . . CORAM : A. S. GADKARI, J. DATE : 15TH JULY, 2019 P. C. : By the present petition under Article 226 and 227 of the Constitution of India, the petitioners had impugned Order dated 05.02.2016 passed by the Agricultural Land Tribunal/Tahsildar, Dhindori, i.e. respondent no. 2 herein, thereby rejecting the application preferred by the petitioners under Section 63(1A) of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (For short "MTAL Act"). At the outset, learned counsel for the respondent no.1 raised a preliminary objection and submitted that, against the impugned order, there is substantive alternate remedy available with the petitioners either before the Collector under Section 74 or under Section 76 before the Maharashtra Revenue Tribunal of the MTAL Act and without availing the said remedy, the petitioners have preferred present petition directly before this Court. Mr. Kulkarni, learned counsel for the petitioners, on instructions of the representative of the petitioners, who is personally present in the Court, submitted that, the petitioners will avail substantive alternate remedy available under the said Act. He submitted that, in view thereof, they may be granted leave to withdraw the present petition with liberty to adopt alternate remedy. Leave and liberty granted. Writ Petition is disposed off with aforesaid liberty. Adinterim relief granted by order dated 20th March 2017, to remain in force for three weeks from today. It is needless to mention that, this Court has not adjudicated upon the issue involved in the petition and the petition is disposed off on the basis of the preliminary objection raised by the learned counsel for respondent no.1. In view of the disposal of the main petition Civil Application No. 1442 of 2017 does not survive and is accordingly stands disposed off. (A. S. GADKARI, J.) 2/2

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1349 OF 2021 Ramchandra Dhondiba Dhawale ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4987 OF 2021 Govind Krishna Bhanage. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4985 OF 2021 Vinod Shankar Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4989 OF 2021 Hariba Tanaji Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4986 OF 2021 Shri Narayan Raghu Sapkal. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4988 OF 2021 Shri Ramesh Vithal Gaikwad (Barbar). ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4991 OF 2021 Shri Bajrang Ganpat Jadhav(Rodat). ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1347 OF 2021 Nasima Abdul Deshmukh. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1353 OF 2021 Krishana Haribhau Kadam. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4982 OF 2021 Raziya Bashir Deshmukh.. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1363 OF 2021 Deepak Vithal Sutar. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1350 OF 2021 Lilabai Bhimrao Kadam. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1358 OF 2021 Bhambu Govind Dhawale. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4990 OF 2021 Shri Chandrakant Ramji Jadhav. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4981 OF 2021 Shri Madhukar Sitaram Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4983 OF 2021 Ramchandra Dhau Dhawale. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4984 OF 2021 Yogesh Bhivram Jadhav. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. Mr. Dhananjay Chavan a/w. Mr. Vijay R. Garad i/b. Mr. R.A. Choudhari, advocate for Petitioners. Mr. V.M. Mali, AGP for State in WP Nos. 1349/2021, 4988/2021, 1353/2021, 1350/2021. Ms. Ashwini A. Purav, AGP for State in WP Nos. 4985/2021, 4991/2021, 1347/2021, 1358/2021. Ms. R.M. Shinde, AGP for State in WP Nos. 4986/2021, 4989/2021, 4990/2021. Ms. M.S.Bane, AGP for State in WP Nos. 4987/2021, 4982/2021, 4990/2021, 4981/2021. Mr. Siddhesh Kalel, AGP for State in WP Nos. 4988/2021, 4983/2021 and 4984/202. CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ. DATE : SEPTEMBER 2, 2021. ARUNA S TALWALKAR Digitally signed by ARUNA S TALWALKAR Date: 2021.09.07 10:52:06 +0530 P.C. 1 In all these petitions, a common order is passed today because it involves the same question; only the factual aspect differs for each petitioner. 2 The petitioners are Project Affected Persons whose lands were acquired for Koyna Dam Project way back in the year 1961. All these petitioners are still waiting for allotment of lands in lieu of the lands, which were acquired. The petitioners have made applications before the authorities as follows :- Sr. No. Name Date of application 1 Shri Ramchandra Dhondiba Dhawale(WP/1349/2021) 29/5/2020 2 Shri Govind Krishna Bhanage(WP/4987/2021) 29/7/2020 3 Shri Vinod Shankar Bhatose(WP/4985/2021) 24/6/2020 4 Shri Hariba Tanaji Bhatose(WP/4989/2021) 24/6/2020 5 Shri Narayan Raghu Sapkal(WP/4986/2021) 24/6/2020 6 Shri Ramesh Vithal Gaikwad(Barbar)(WP/4988/2021) 24/6/2020 7 Shri Bajarang Ganpat Jadhav(RODAT)(WP/4991/2021) 24/6/2020 8 Sou. Nasima Abdul Deshmukh(WP/1347/2021) 29/6/2020 9 Shri Krishana Haribhau Kadam (WP/1353/2021) 29/7/2020 10 Sou. Raziya Bashir Deshmukh(WP/4982/2021) 2/6/2020 11 Shri Deepak Vithal Sutar (WP/1363/2021) 29/7/2020 12 Sou. Lilabai Bhimrao Kadam (WP/1350/2021) 29/5/2020 13 Shri Bhambu Govind Dhawale (WP/1358/2021) 29/5/2020 14 Shri Chandrakant Ramji Jadhav (WP/4990/2021) 24/6/2020 15 Shri Madhukar Sitaram Bhatose(WP/4981/2021) 24/6/2020 16 Shri Ramchandra Dhau Dhawale(WP/4983/2021) 29/5/2020 17 Shri Yogesh Bhivram Jadhav (WP/4984/2021) 5/10/2020 The Petitioners have mentioned in their applications that lands in different survey numbers situated in village Kundevahal, Taluka Panvel, District Raigad be allotted to them. 3 The said applications are still not decided. The petitioners have prayed for allotment of lands. Applications are pending for quite sometime. The petitioners have not been given alternate lands for many years. Therefore, in the interest of justice, we are directing the Respondent Nos. 2 and 3 to decide the applications of the petitioners for allotment of alternate lands of their choice within 8 weeks from today. With these directions, the petitions are disposed of. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J)

Order - Status 8: SSK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8084 OF 2013 Shri Kiran Uttamrao Hole & ors. ....Petitioners Versus Shri Tukaram Genbhau Ambekar & ors. ....Respondents Mr. Vasant Adsul, advocate for the petitioners. CORAM : RANJIT MORE, J. DATED : 19th November, 2013. P.C.: Heard learned counsel for the petitioner. The petition pertains to recording of mutation entry. It is now a settled position of law that mutation entry does not create or extinguish rights of the party and the same is recorded only for fiscal purposes. The parties are always at liberty to approach the Civil Court to get their rights adjudicated. A reference can be made to the decision of the Apex Court in the matter of Balwant Singh & Another V/s. Daulat Singh reported in 1997(7) SCC 137. Sr.No30. Wp 8084.13 In the present case, the petitioner as well as respondents have filed civil suits and same are pending for adjudication. A mutation entry is always subject to the outcome of the civil proceedings. Suffice it is to observe that the Civil Court shall decide the rights of the respective parties independently on its own merits and without being influenced by the findings recorded by the revenue authorities in the proceedings for recording mutation entry. In the light of the above observation, I am not inclined to interfere with the impugned order in the jurisdiction of this Court conferred under Article 227 of the Constitution of India. The writ petition is, accordingly, dismissed. (RANJIT MORE, J.)

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION STAMP NO. 17121 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent MADHAV JAYAJIRAI JAMDAR GOVERNMENT PLEADER WRIT CELLR.NO. 1 CORAM : RANJIT MORE. & SMT. ANUJA PRABHUDESSAI, JJ DATE : 8th August, 2016 P.C. : Mentioned. At the request of learned advocate for the petitioners Stand over to 16/08/2016. Ad-interim relief if any granted earlier to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL AND CRIMINAL APPELATE JURISDICTION AND ORDINARY ORIGINAL CIVIL JURISDICTION COMMON ORDER CORAM : S.S. KEMKAR & M. S. KARNIK, JJ. DATE : 16 / 08 /2016 P.C.: The following matters on balance Board/Daily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates as may be fixed as per C.M.I.S. Civil Appellate Side C.M.I.S. Date Origi nal Side C.M.I.S Date 95, 145 14/10/16 101 06/04/17 96, 103 150, 151, 152,153,154,155,156,157,158, 159,160,161,162 27/10/16 102 07/04/17 146, 149 20/12/16 89, 90, 91, 92, 97, 98,99,100,104,105,106,107, 108, 109,110, 111, 112, 113,115,116, 117,118,119,120,121,122,123, 124,125,126,127,128,129,130, 131,132,133,134,135 02/03/17 136,137,138,139,140, 143,144,147,148 03/03/17 If in any of the above matters, ad interim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected. (M.S. KARNIK, J.) (S.S. KEMKAR, J.)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent Madhav Jayajirai Jamdar For Petitioner Ms. R.M. Shinde, AGP for State. CORAM : SHANTANU S. KEMKAR & M. S. KARNIK, JJ DATE : 26th October, 2016 P.C. : No order, as per CMIS date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent Madhav Jayajirai Jamdar For Petitioner Ms. NIsha Mehra,Assst. Government Pleader Writ Cell R.no. 1 For Respondent CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ DATE : 28th November, 2016 P.C. : Stand over to 18/01/2017 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10327 OF 2016 Deepak Sopanrao Salunkhe & Ors. .. Petitioners Vs. The State of Maharashtra & Ors. .. Respondents …... Mr. Madhav J. Jamdar, Advocate for the Petitioners. Ms. R. M. Shinde, AGP for Respondent No.1 – State. Mr. Nitin P. Deshpande, Advocate for Respondent No.2. CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ. DATED : JANUARY 18, 2017. …... P.C. : Heard learned counsel appearing for the petitioner on the question of admission. 2 Issue notice to the respondents. 3 Learned AGP waives service of notice on behalf of respondent no.1. 4 Learned counsel appearing for Respondent No.2 waives service of notice on his behalf. 5 Steps for service of notice on respondent no.3 be taken within two weeks. rpa 2/2 wp-10327-16.doc 6 Reply of the petition be filed within four weeks from today. 7 List the petition as per C.M.I.S. date. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.)

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.10327 OF 2016 Deepak Sopanrao Salunkhe and Others Petitioners vs. The State of Maharashtra and Others Respondents Mr. M.J. Jamdar, for the Petitioners Ms. Chaitali Kale i/b. Mr. N.P. Deshpande, for Respondent Nos. 2 and 3. Mr. V.N. Sagare, AGP for Respondent No. 1. CORAM : SHANTANU S. KEMKAR & B.P. COLABAWALLA, JJ. DATE : APRIL 03, 2017 P.C.: . The learned counsel for Respondent Nos. 2 and 3 undertakes to file reply during the course of the day. The rejoinder if any, may be filed by the Petitioners within four weeks. List the matter as per CMIS date. (B.P. COLABAWALLA, J.) (SHANTANU S. KEMKAR, J.)

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent CORAM : SHANTANU S. KEMKAR & G. S. KULKARNI, JJ DATE : 7th December, 2017 P.C. : Due to paucity of time the matter is adjourned for CMIS date. Ad-interim relief if any to continue till then. Stand over to CMIS date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent CORAM : R.M. BORDE & RAJESH G. KETKAR, JJ DATE : 7th February, 2018 P.C. : Due to paucity of time the matter is curtailed from daily board and adjourned as per CMIS date. In the meantime,Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent Mr.Madhav Jayajirai Jamdar For Petitioner Mr. C.P. Yadav, AGP for State/Respondent no. 1. CORAM : SHANTANU S. KEMKAR & M. S. KARNIK, JJ DATE : 18th April, 2018 P.C. : None for Respondent Nos. 2 and 3. Stand Over to 20/06/2018. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents Mr. Madhav J. Jamdar for Petitioners. Mr. M. M. Pabale, AGP for Respondent No.1 – State. CORAM : SHANTANU KEMKAR AND NITIN W. SAMBRE, JJ. DATE : JULY 13, 2018 . Heard learned Counsel for the Petitioners on the question of admission. RULE. No fresh notice after admission is necessary, as Respondents are already represented. (NITIN W. SAMBRE, J.) (SHANTANU KEMKAR, J.)