1 CP NO.139/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.139/2010 in WP NO.225/2009. (Bhogubai Bhiman Gavane and Ors. Vs. The State of Mah. and Ors) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SB Ghatol-Patil, Adv. for petitioners; Mr.SV Kurundkar, Addl.GP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 7 th DECEMBER, 2010. ... 1) Heard. 2) The petitioners moved writ petition No. 225/2009 with following request as per prayer clause (B), which reads as under : “(B) By issuing necessary writ, directions or order in the like nature, respondents authorities may kindly be directed to allot residential plot to petitioners in land Gut/Sy. No.132/2 situated at Paithan, Dist. Aurangabad from plot No.250, 251, 252 and 253 or any other suitable residential plot in Paithan Gavthan and to allow agricultural land in benefited zone of Jaikwadi Project, i.e. Jalna and Aurangabad district for their rehabilitation being Project Affected 2 CP NO.139/2010 person.” 3) The Division Bench by order dated 7th September, 2009, noticing plight of the petitioners, and the slackness on the part of the revenue authorities, directed as under, in paragraph 5, - “5. Though we would have taken serious view of the matter on account of non-consideration of various representations of the petitioners, for allotment of land and residential plot, for twelve long years, however,in view of the categorical statement and an assurance given, that the land and plot will be allotted to the petitioners within a period of four months from today, we are not inclined to take any further steps in the matter.” 4) After such directions, a time frame was formulated to be adhered to by the respondents. However, it was not followed giving rise to the present contempt petition proceedings. 5) Affidavits are filed by the then Rehabilitation Officer and now Deputy Collector (Rehabilitation), Aurangabad, viz. Ramakant Sukdeo Baviskar. 6) Considering the approach in the matter from the respondents, on 22nd November, 2010, the learned Collector, having informed by the District Re-settlement Officer Shri Baviskar, of the difficulties faced by him, the learned Collector directed a meeting to be held, 3 CP NO.139/2010 which was channelized by this Court with time schedule. Pursuant thereupon, a meeting was held and the grievance of the petitioners so far as non- agricultural plot is concerned, it has been redressed to, as could be seen in Exhibit R-8 (page 231 of reply)dated 1st December, 2010. 7) Now, the other grievance of the petitioners is, their agricultural plots, that have been allotted to them are far away, roughly around 100 kms., which will not be feasible for them to cultivate and they will be again put to difficulties. 8) Learned Counsel for petitioners has urged that there are still agricultural fields, which are acquired by the Government for rehabilitation of the agriculturists, who have lost their fields, and from such agricultural fields, still petitioners may be facilitated to occupy two hectares and 8R. land as per their eligibility. 9) At this stage, the eligibility of 2 hectares and 80 R. is not within the scope of this petition as 87 R. of agricultural land of the petitioners was acquired. If the petitioners are entitled to get 2 hectares and 80 R. land, the petitioners will have to make appropriate case before the competent 4 CP NO.139/2010 authorities. 10)So far as allotment of 81 R. land is concerned, copy of letter dated 7.9.2010 from the petitioner is annexed at Exh.R. 7 (page 228) of reply, in which she has opted for agricultural field at Gangachicholi, Tq. Ambad, District Jalna from land Gut No.64 or Gut No. 27. 11)The learned AGP informs that the petitioner is allotted the land from Gangachincholi from Gut No.64 to the extent of 81 R, and she was informed to deposit Rs.4192 under a challan to the Government. 12)Taking these aspects into consideration, though there is delay on the part of the respondents/authorities in complying the order, however, the delay is condoned by accepting the apology tendered by the authorities and since the orders of this Court are materially complied with, contempt petition is disposed of. (K.U.CHANDIWAL) JUDGE bdv/