cp63.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 63 OF 2011 Limbaji s/o Sukhdeo Chaval (Since deceased through his legal representatives Narayan s/o Limbaji Chaval and Anr ...Petitioners Versus Shrii Shitaram Kunthe and others ...Respondents ..... Mr. A.V. Patil h/f Mr. V.D. Gunale, advocate for the petitioner Mr. V.B. Ghatge, AGP for respondent Nos.1 to 3 Mr. S.G. Sangle, advocate for respondent No.4 ..... CORAM: R.M. BORDE, J. DATED: 2ND MAY, 2011 PER COURT:- 1 The petitioners are making a grievance in respect of non observance of the order passed by the Division Bench of this Court in writ petition No. 4954 of 2009 on 8.3.2011. It was the grievance of the petitioners in the writ petition that the respondents did not take steps for acquisition and for payment of compensation in relation to residential properties although valuation thereof has already been done long back. This court, therefore, directed the respondents to take appropriate steps for acquisition and passing of award in respect of residential property of the petitioners expeditiously, if already not done. It was further directed that cp63.11 -2- this exercise shall be completed not later than six months from the date of order by High Court. All questions in regard to the acquisition are specifically kept open by the Division Bench while passing order. The Collector, Jalna/respondent No.2 has filed affidavit in reply and in para 3 to 8 of the said affidavit in reply, it is stated thus:- “3. I most respectfully say and submit that the deponent has no intention to disobey the orders passed by the Hon’ble High court. I say that the efforts have been made by the deponent to see that the orders of this Hon’ble Court are complied with. 4 I say and submit that the petitioner has wrongly titled petition. It is stated that I am Special Land Acquisition Officer at Jalna and not the person named in the petition (S. Dongaonkar). It is stated that the petition was filed by the petitioner stating that the compensation for the lands are paid, but houses though calculated was not paid. The Hon’ble Court has directed to take steps for acquisition and passing of award in respect of residential property of the petitioner expeditiously, if already not done. 5 I most respectfully say and submit that after the orders of this Hon’ble High Court, acquiring body has communicated to the office of the deponent on 7.9.2010, a detail report whereby the claim of the petitioners is already decided and it is found that petitioners are not entitle to the compensation for the residential house, as stated by the petitioners. 6 I further respectfully say and submit that there is no cp63.11 -3- authentic record, which shows that the petitioners are entitle to the said compensation. The report and record submitted by the petitioner is controversial, as such false record regarding number of claim is prepared and not signed by any competent authorities and there is inquiry pending against the then officers of the acquiring body. Therefore, acquiring body has held that in view of the fact that the land acquisition references were filed by the claimants, no compensation was claimed by the claimants before the Hon’ble Trial Court and the record for residential houses is false, therefore, the compensation, which the petitioners are entitled to is already paid and they are not entitle to the compensation, as now claimed. 7 I respectfully say and submit that the Hon’ble High Court has passed order stating that the compensation should be paid, if not already paid. In fact, the acquiring body has come to the conclusion that whatever compensation they are entitle to already paid and therefore, there remains nothing to be done in the matter. I say and submit that the acquiring authority has again submitted letter to that extent by letter dated 23.3.2011. The copies of the letters dated 7.9.2010 and 23.3.2011 alongwith order is annexed herewith and marked as Exhibit R-1 Colly. 8 In view of the facts and circumstances as stated above, I say and submit that the contempt proceedings may kindly be dropped or dismissed.” 2 In view of the explanation offered by the Collector, nothing survives for consideration in this contempt petition. Contempt petition cp63.11 -4- stands disposed of. Notice discharged. If the order passed by the Collector is not to the satisfaction of the petitioners, the petitioners have liberty to approach appropriate forum for ventilating their grievance. ( R.M. BORDE. J.) rlj/