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(2010) 12 Supreme Court Cases 492
IN THE SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, CJI., TARUN CHATIERJEEAND DEEPAK VERMA, JJ.
GODREJ AND BOYCE MANUFACTURING COMPANY LIMITED AND ANOTHER …..Petitioners;
Versus
STATE OF MAHARASHTRA AND OTHERS ……….Respondents
SLPs (C) No. 10677 of 2008 with Nos. 10730,10760,11055,11057, 11393,11398,11401,11509,11622,11634,11640, 12408, 15791, 16470, 21389 of 2008, WP (C) No. 240 of 2008 and SLP (C) No. 24149 of 2008
Decided on : January 13,2010
IA No. 12 in SLP (C) No. 11640 of 2008
Administration of Justice – Judicial review – Petitioners have paid NPV – Conservator of Forests, Pune, directed to ensure handing over of the building under seizure to the applicant-petitioners. (Para 6, 7)
Facts of the case:
Pursuant to the report filed by CEC in these matters, the State Government had filed a chart showing the name of the petitioners and also the extent of the land owned by them and the categorisation was also given as to the extent they have to pay NPV in respect of the land owned or occupied by them. Some of the petitioners have paid the amount as indicated in the CEC report but other petitioners have not paid NPV.
ORDER
IA No. ... in SLP (C) No. 10677 of 2008
(filed by the State of Maharashtra)
1. Pursuant to the report filed by CEC in these matters, the State Government had filed a chart showing the name of the petitioners and also the extent of the land owned by them and the categorisation was also given as to the extent they have to pay NPV in respect of the land owned or occupied by them. Some of the petitioners have paid the amount as indicated in the CEC report but other petitioners have not paid NPV. The petitioners are directed to see that the amount as indicated in the report of CEC be paid within a period of three weeks. The State Government will file its proposal thereafter.
2. The IA is disposed of accordingly.
SLP (C) No. 10677 of 2008
3. List on 17-2-2010.
Rest of the matters
4. List on 25-1-2010.
IA No. 12 in SLP (C) No. 11640 of 2008
5. The applicants herein are owners in occupation of house in Pangloli Taluk, Mava1, District Pune allegedly within the forest area of the State of Maharashtra.
6. The State has filed a report indicating that the applicants have used the area for non-forest purposes and the first applicant-petitioner, Rakesh Jhunjhunwala was liable to pay a sum of Rs.6.86 lakhs as NPV and Mrs. Suman Biyani and Mrs. Madhu Biyani are liable to pay a sum of Rs.6.13 lakhs. We are told that they have made the payment.
7. We direct the Conservator of Forests, Pune, to see that the building under seizure of the department be given to the applicant-petitioners herein. This is without prejudice to the contentions raised by the petitioners in the special leave petition.
8. The IA is disposed of accordingly.
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