1 wp-8870-11.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8870 OF 2011 Shri Veerbasav Mahadev Shreshti & ors. .... Petitioners vs The State of Maharashtra & ors. .... Respondents Mr. M. L. Patil for the petitioners. Mr. V.S. Gokhale, AGP the for respondents. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : November 09, 2011 P.C.: Rule, returnable forthwith. Heard finally by consent of parties. 2 The limited grievance of the Petitioners against the order of the Commissioner dated 6.09.2011 passed under Section 48 of the Land Acquisition Act is that the Commissioner has rejected the contention of the Petitioners that their land is not in the benefited zone, relying on two reports, one is a report of the Deputy Collector (Rehabilitation) Kolhapur dated 3.09.2011 and the other is report submitted by the 2 wp-8870-11.sxw Executive Engineer, Doodh Ganga Canal Division No.I. However, copies of these documents were not supplied to the Petitioners. The learned counsel appearing for the Respondents submits that without going into the question whether copies of these documents were supplied to the Petitioner or not, copies can now be supplied to the Petitioners. In view of this statement made by the learned counsel, in our opinion, the following order would meet the ends of justice ; ORDER (i) The order of the Commissioner dated 6.09.2011 rejecting the application of the Petitioners for deletion of their land from acquisition to the extent that it rejects the contention of the Petitioners that their land is not included in the benefit zone is set aside; (ii)The matter is remitted back to the Commissioner for de novo consideration and decision in accordance with law on the above said point. The Commissioner shall before fixing a date of hearing, shall supply to the Petitioners copies of the above referred documents and grant liberty to the Petitioners to file reply if any in relation to these documents. (iii)In case the Petitioners apply for inspection of Survey and Contour map, the Commissioner shall consider that application 3 wp-8870-11.sxw in accordance with law. (iv)The learned AGP appearing for the Respondents states that in case the Petitioners appear before the Commissioner on 28.11.2011 with a copy of this order, the Commissioner will hear the petitioners at an early date and dispose of the matter. The statement is accepted. In view of this statement, the Petitioners are directed to appear before the Commissioner on 28.11.2011 with a copy of this order. 3 Rule is made absolute accordingly. No order as to costs. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)