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Bombay High Court

DADARAO SATVARAO MHASKEversusSTATE OF MAH and ANR

Disposal
DISPOSED OFF

Holding

The contempt petition is disposed of because the order under Section 28A has been fully complied with.

Summary

Dadarao Satvarao Mhaske filed a contempt petition against the State of Maharashtra and others, alleging non-compliance with an earlier order under Section 28A of the Land Acquisition Act. The respondents filed an affidavit stating that the application for enhanced compensation had been settled by awarding Rs.89,753 to the petitioner. The court examined whether any breach of the earlier order remained. Finding that the compensation had indeed been paid, the court concluded that the basis of the contempt petition no longer existed. Consequently, the petition was dismissed as there was nothing left to enforce.

Issues considered

  • Whether the contempt petition should proceed when the order under Section 28A of the Land Acquisition Act has been complied with

Legislation cited

Subjects

  • contempt
  • land acquisition
  • compensation
  • Section 28A
  • order compliance
  • petition disposal

Judgment

2026:BHC-AUG:43086

                                                                       123.2009CP

                                               1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          2 CONTEMPT PETITION NO. 123 OF 2009
                                   IN WP/1468/2006

                                   Dadarao Satvarao Mhaske
                                            VERSUS
                              State of Maharashtra and another
                                              ...
                 Mr. Valmik S. Munjal h/f Mr. B.S. Kudale, Advocate for the
                 Petitioner
                 Mr.S.J. Salgare, AGP for Respondent/State
                                              ...

                                       CORAM :     VAISHALI PATIL-JADHAV,J.

                                       DATE    :   21.09.2026

                 P.C. :


                 1.         Learned Advocate holding for Mr. Kudale, learned
                 Advocate for the petitioner, though requested for time, but
                 the affidavit in reply is filed by respondent no.1 - Collector
                 and respondent no.2 - Special Land Acquisition Officer
                 stating that the application under Section 28A of the Land
                 Acquisition Act is disposed of by giving enhancement of
                 compensation of Rs.89,753/- in favour of the petitioner.
                 2.         In view of the compliance of the order, nothing
                 survives in the present contempt petition and the same
                 stands disposed of.


                                               [VAISHALI PATIL-JADHAV]
                                                        JUDGE
                 sga


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