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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO.7 OF 2022

IN

CONTEMPT PETITION (ST.) NO.3176 OF 2019

IN

WRIT PETITION NO.4172 OF 2016

1. Pandurang Pandit Borhade

)

Age 75 years, Residing at Wada,

)

Taluka Khed, District Pune.

)

2. Prabhu Ranu Borhade

)

Since deceased through legal heirs

)

i. Shivaji Prabhu Borhade, Age 52 yrs.

)

ii. Haribhau Prabhu Borhade, Age 65 yrs.

)

iii. Pandharinath Prabhu Borhade, Age 60 yrs.)

Residing at Village Wada,

)

Taluka Khed, District Pune.

) ..

Petitioners

Versus

1. Dr.Rajesh B.Deshmukh

)

The Collector of Pune

)

Having office at New District

)

Collector Building, Pune.

)

2. Uttam Patil

)

The District Resettlement Officer, Pune

)

Having office at New District

)

Collector Building, Pune.

)

PRACHI

PRANESH

NANDIWADEKAR

Digitally signed

by PRACHI

PRANESH

NANDIWADEKAR

Date: 2022.08.01

14:54:25 +0530

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3. Vijaysinh Deshmukh

)

The Additional Collector Resettlement, Pune)

Having office at New District

)

Collector Building, Pune.

)

4. The State of Maharashtra

)

through the Chief Secretary

)

Mantralaya, Mumbai – 400 032.

)

.. Respondents

ALONG WITH

WRIT PETITION NO.9423 OF 2018

1. Pandurang Shivram Nabage

)

Age 74 years, Occ. Agriculture,

)

R/at : Dingrajwadi,

)

Taluka Shirur, District Pune – 412 105.

)

..

Petitioner

Versus

1. The State of Maharashtra

)

through the Chief Secretary

)

Mantralaya, Mumbai.

)

2. The District Collector,

)

Vidhan Bhavan, Pune – 411 004.

)

3. Special Land Acquisition Officer

)

No.22, New Administrative Bldg.

)

2^nd Floor, Pune – 411 001.

)

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4. Deputy Collector

)

Resettlement Branch,

)

Old Zilha Parishad Building,

)

Pune - 411 004.

)

5. Tahsildar Shirur

)

Tahsildar Office, Shirur,

)

Dist. Pune - 412 210.

)

6. Gaon Kamgar Talathi

)

Dingrajwadi, Tal. Shirur,

)

Dist. Pune – 412 208.

)

..

Respondents

---

Mr.Sanjiv A. Sawant with Mr.Abhishek P. Deshmukh for the petitioner

in CP/7/2022.

Mr.S.R.Nargolkar with Mr.Arjun Kadam for the petitioners in

WP/9423/2018.

Mr.Karan S. Thorat, AGP for the respondent nos.2 to 4 in CP and for the

respondent nos.1 to 5 in WP/9423/2018.

---

CORAM : R.D. DHANUKA &

M.G. SEWLIKAR, JJ.

RESERVED ON : 11^th July 2022

PRONOUNCED ON : 1^st August 2022

Judgment (M.G. SEWLIKAR, J.) :-

.

The petitioners in Contempt Petition No.7 of 2022 have

prayed for an action of contempt against the respondent nos.2 and 3

alleging wilful disobedience of the order dated 6^th January 2020 passed

by this Court in Contempt Petition No.3176 of 2019.

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2.

The petitioner in Writ Petition No.9423 of 2018 has prayed

for a declaration that the acquisition proceedings in respect of Gat

No.198 (old 1051) admeasuring 00 Hectare 40 R, situated at Mouje-

Dingrajwadi, Taluka-Shirur, District – Pune are illegal and have lapsed

in view of the provisions of Section 24(2) of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (for short “the Act of 2013”). The petitioner

seeks an order and direction to cancel the entries of lapsed acquisition in

7/12 extract of Gat No.198 and reinstate the entries in 7/12 extract before

the acquisition proceedings.

3.

The petitioners have prayed for a declaration that the

acquisition proceedings in respect of Gat No.198 (old 1051) admeasuring

00 Hectare 20 R, situated at Dingrajwadi, Taluka-Shirur, District – Pune

are illegal and contrary to the provisions of the Maharashtra

Resettlem