1 WP No.2047/08 with WP NO.3689/08 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2047 OF 2008 Ramchandra Keshavrao Kadam and ors. : Petitioners versus Special Land Acquisition Officer and ors. : Respondents. WITH WRIT PETITION NO.3689 of 2008 Mukun Marutirao Kadam and ors. : Petitioners. Versus Special Land Acquisition Officer Metro Centre No.2 New Panvel and ors. : Respondents. Mr.Shriram S Kulkarni for the Petitioners. Mr. V S Gokhale, AGP for the Respondents/State. Mr. V S Hegde for the Respondent No.2. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 12th August 2010 P.C. 1 The Petitioners by the above Petitioners have challenged the acquisition proceedings initiated by the Respondents for acquiring the lands owned by the Petitioners for the New Bombay Project. At the outset it is required to be stated that the lands which are sought to be acquired have been allotted to the Petitioners as and by way of rehabilitation as the Petitioners are the project affected persons of the Koyana Project which has been implemented by the State and completed sometime in the year 1967 or thereabouts. 2 WP No.2047/08 with WP NO.3689/08 2 Pursuant to our directions as contained in our order dated 8th July 2010, an affidavit has been filed on behalf of the Respondents by one Pravin K Puri, Deputy Collector (Rehabilitation), Alibag, District-Raigad. In the said affidavit it has been stated that in so far as rehabilitation of the Petitioners, which is not complete, a committee was appointed to go into the said aspect of rehabilitation of the oustees of Koyana Project and the committee after its deliberations made certain suggestions for the consideration of the State Government and, it is also stated in the said affidavit that, the State Government will take appropriate decision in that behalf after considering the various aspects as early as possible. In the light of the said averments as contained in the said affidavit we direct the State Government to decide the said issue as expeditiously as possible and in any case within a period of three months from date keeping in mind that the the Petitioners are waiting for their complete rehabilitation for a considerable length of time. 3 As regards the aspect of the applications made by the Petitioners under Section 48 of the Land Acquisition Act, 1894, the learned AGP makes a statement that the State Government would take appropriate decision in respect of the said applications within a reasonable time. We accordingly accept the said statement made by the learned AGP. However, we direct the State Government to take such a decision within a period of three months from date. 3 WP No.2047/08 with WP NO.3689/08 4 By issuing the aforesaid directions we are of the view that in so far as instant Petitions are concerned, nothing survives further for consideration and we accordingly dispose of the above Petitions. 5 It is required to be noted that an ad-interim order is already in favour of the Petitioner since 28th March 2008 which is passed in Writ Petition No.2047 of 2008. The said ad interim order would therefore have to be continued in both the writ petitions till the Government takes a decision one way or the other in respect of the applications filed by the Petitioners under Section 48 of the Land Acquisition Act. In the event the order passed on the applications under Section 48 is adverse to the Petitioners, the authorities may not take possession of the lands in question for a period of four weeks from the date of that order so as to enable the Petitioners to adopt appropriate proceedings if so advised. In so far as applications under Section 48 are concerned, the Petitioners to appear before the Additional Commissioner, Konkan Division, on 6th September 2010. The time to decide the applications under section 48 would hence commence from 6th September 2010. The Additional Commissioner may hear all the concerned parties including the Respondent No.2- CIDCO and thereafter pass appropriate orders on the said applications. 6 It is also made clear that the contentions of the respective parties are kept open. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]