1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2888 OF 2010 Jayram Patilbhuva Kadlag (Deceased) through his heir: Satyavan Jayram Kadlag ...Petitioner Versus The Collector of Pune & Ors. ...Respondents ...... Mrs.Gunjan P. Shah i/b Mr.S.A.Sawant for Petitioner. Mr.V.S.Gokhale, A.G.P. for Respondents. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 23, 2010. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Sonawane, A.G.P. waives notice for Respondents. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. The principal grievance made in this Petition is that as per the Scheme of Resettlement, Petitioner has been allotted land bearing Gat No. 2 1145 and 96/1, total admeasuring about 2 Hectares 80 Ares at Village Sikhrapur, Taluka Shirur, District Pune, as is stated in the allotment letter dated 21st October 1997. Even though more than 13 years have rolled by, the Authorities have failed to hand over possession of the said land to the Petitioner for reasons best known to them. In that sense, the Petitioner has been denied opportunity to avail of benefit flowing from the said land during all this period. That cannot be countenanced. The Authorities immediately after issuing the allotment order, were obliged to contemporaneously hand over possession to the Petitioner of such land without any delay. 5. We, therefore, direct Respondents 1 and 2 to ensure that possession of the land allotted to the Petitioner in terms of the allotment letter dated 21st October 1997 shall be made over to the Petitioner as expeditiously as possible and in any case, not later than three months from today. 6. Besides, we direct the Collector to inquire into the matter as to the cause for delay in not handing over possession of the said land to the Petitioner in terms of allotment letter dated 21st October 1997. In the event, it is noticed that it was mischief of some Officers at the lower level, we 3 hope and trust that the Collector would take appropriate action against such Officers in accordance with law. 7. We also leave option of the Petitioner to claim suitable compensation or damages as the case may be from the concerned erring Officials or the State Government, as the case may be. In the event, such proceedings are decided in favour of the Petitioner, the amount which is required to be paid to the Petitioner in terms of the Court Order will have to be recovered from the Officers who were working during the period from 21st October 1997 till this date who were responsible for handing over possession of the land to the Petitioner immediately after the order dated 21st October 1997 but failed to do so. That lapse is on account of the act of commission and omission of the said Officer(s) for which Public Exchequer should not be burdened. 8. Considering the seriousness of the allegations made in this Petition, we direct the Collector to make necessary inquiries and submit report to the Registry of this Court within three months from today. 9. Accordingly, this Petition is disposed of on the above terms. 4 10. Although the Petition has been disposed of, the matter be listed on 6th August 2010 under caption `direction’ for reporting compliance of the above order. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)