Bombay High Court

CHANGDEO DEORAO FARTADE DIED THR LRS PRAKASH CHANGDEO FARTADE AND OTHERSversusSHIVAJI MARUTI UPASE AND OTHERS

Disposal: DISPOSED OFF

Holding

The contempt petitions are disposed of as the respondents have complied with the order under contempt.

Summary

The petitioners filed three contempt petitions (Nos. 117, 118 and 120 of 2014) against Shivaji Maruti Upase and others, alleging non‑compliance with a contempt order that directed the respondents to decide an application under Section 28‑A of the Land Acquisition Act, 1894. The respondents, represented by the acquiring body, produced a letter dated 29‑03‑2014 stating that the award under Section 28‑A had been passed and the compensation amount deposited with the Special Land Acquisition Officer. The Court examined the letter, marked it for identification, and found that the requirement of the contempt order had been satisfied. Consequently, the Court held that there was no further breach of the contempt order. All the contempt petitions were therefore disposed of.

Issues considered

Whether the respondents complied with the contempt order directing a decision under Section 28‑A of the Land Acquisition Act, 1894.
Whether the contempt petitions should be dismissed on the ground of compliance.

Legislation cited

Land Acquisition Act, 1894 — s. 28-A

Subjects

contempt of court
Land Acquisition Act
Section 28-A
compensation award
compliance
High Court

Judgment

2026:BHC-AUG:41116-DB

913 with production board sr nos. 2 and 3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

913 CONTEMPT PETITION NO. 117 OF 2014
IN WP/5346/2012

Kalyan Mahadeo Jadhav And Others
Versus
Shivaji Maruti Upase And Others

AND/WITH
2 CONTEMPT PETITION NO. 118 OF 2014
IN WP/5389/2012

Changdeo Deorao Fartade (Died) Though LRs
Prakash Changdeo Fartade And Others
Versus
Shivaji Maruti Upase And Others

AND/WITH
3 CONTEMPT PETITION NO. 120 OF 2014
IN WP/5385/2012

__________________________________________________________
Adv. S. P. Salgar h/f. Adv. Anant R. Devakate for the
Petitioners in all matters
Mr. G. A. Kulkarni, A.G.P. for State in all matters
Adv. Madhav Kalyane h/f. Adv. Gulab B. Rajale for
Respondent No. 1 and 2 in all matters
__________________________________________________________

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.

DATE : SEPTEMBER 02, 2026

ORDER : [PER VAISHALI PATIL-JADHAV, J.]

1) Contempt Petition No. 118 of 2014 and

Contempt Petition No. 120 of 2014 are not on board. Upon

mentioning, taken on board.

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913 with production board sr nos. 2 and 3

2) In the order under contempt, direction was

issued to decide the application under Section 28-A of the

Land Acquisition Act, 1894.

3) Learned advocate for Respondents – Acquiring

Body has placed on record the letter dated 29.03.2014,

wherein it is stated that the Award under Section 28-A of

the said Act is passed and compensation amount is

deposited with the concerned Special Land Acquisition

Officer. The said letter is taken on record and marked "X"

for identification.

4) As such, it appears that the order under

contempt is complied with and accordingly, all the

Contempt Petitions stand disposed of.

(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE

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