1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4296 OF 2008 Shri Dagadu Laxman Muke .. Petitioner Vs. The State of Maharashtra & Ors. .. Respondents Mr.M.S.Karnik for the petitioner Mr.C.R.Sonawane, A.G.P. for respondent nos. 1 to 3 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & S.J.KATHAWALA, JJ. S.J.KATHAWALA, JJ. S.J.KATHAWALA, JJ. DATED : 24TH OCTOBER, 2008 DATED : 24TH OCTOBER, 2008 DATED : 24TH OCTOBER, 2008 P.C.: 1. The present petition is filed by the petitioner seeking directions directing the respondents to forthwith hand over the possession of the alternate land allotted to the petitioner admeasuring 1 Hectare 20 Ares in Gut No.61 at Pimpale Jagtap, Taluka Shirur, District Pune or allot and hand over the possession of an alternate 2 piece of land. 2. This is an unfortunate matter where the petitioner’s land was acquired as far back as 1989 under the provisions of the Land Acquisition Act. The petitioner was required to pay a sum of Rs.6,000/- for allotment of alternate lands. In the year 1992, the petitioner was required to take possession of 1 Hectares and 20 Ares of land situated at Pimpale Jagtap, Taluka Shirur, District Pune being Gut No.61. However, when the petitioner went to take possession, the same was not handed over to him on one pretext or the other. Again on 18.02.93, the petitioner was called upon to take possession but when the petitioner went to take actual possession, the same was not handed over to him. The petitioner was ultimately left with no other alternative but to approach this court seeking above directions. 3. Respondents initially contested the matter by filing their affidavit in reply and disputed the aforesaid contentions of the petitioner that he has a right to be resettled. This court had 3 therefore directed the learned A.G.P. by its earlier order dated 7.10.08 to keep the Resettlement Officer along with the original record present on the next date of hearing to understand the stand taken by the respondents. 4. In the meantime, the Resettlement Officer i.e. respondent no.3 has passed an order dated 23.10.08 whereunder alternate lands have been allotted to the petitioner upon payment of Rs.39,250/-. Copy of the said order is tendered in the court which is taken on record and marked ’X’ for identification. It is made clear that the petitioner is liable to pay a sum of Rs.6,000/- less than the amount computed by the Competent Authority in the order. 5. The advocate for the petitioner states on behalf of the petitioner that the petitioner would pay balance amount within a period of 4 weeks from today. Upon said payment being made the respondents shall hand over the vacant and peaceful possession of the said land in terms of the order. 4 6. Before we part with this order, we record our appreciation for the promptness shown by respondent no.3 in sorting out this matter and enabling the petitioner to get justice. Petition stands disposed of with no order as to costs. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( S.J. KATHAWALA, J ) ( S.J. KATHAWALA, J ) ( S.J. KATHAWALA, J )