Bombay High Court

BHAGWAT KASHINATH PATILversusTHE STATE OF MAH AND ORS

Disposal: DISPOSED OFF

Holding

The contempt petition was dismissed because the award and rental compensation had already been granted, leaving no surviving point of contempt.

Summary

Petitioner Bhagwat Kashinath Patil filed a contempt petition seeking enforcement of an order directing the State to pass an award under Section 28A of the Land Acquisition Act and to pay rental compensation. The court noted that the Collector had already decided the rental compensation and the award had been passed on 11 August 2011. Since the statutory requirements had been fulfilled, the court found no remaining issue in the contempt petition. Consequently, the petition was dismissed as there was nothing left to enforce. The matter was ordered disposed of.

Issues considered

Whether the contempt petition remains viable after the award under Section 28A of the Land Acquisition Act and the rental compensation have already been decided and passed.

Legislation cited

Land Acquisition Act — s. 28A

Subjects

contempt
land acquisition
Section 28A
rental compensation
petition dismissed

Judgment

                                  (1)
                                                      1 CP-184.2012.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD
            1 CONTEMPT PETITION NO. 184 OF 2012
                     IN WP/6034/2011

               BHAGWAT KASHINATH PATIL
                       VERSUS
        THE STATE OF MAHARASHTRA AND OTHERS
                                  …
                        None for the petitioner.
             Mr. A.S. Shinde, A.G.P. for respondent-State.
                             ...
                   CORAM : SANDIPKUMAR C. MORE AND
                           VAISHALI PATIL-JADHAV, JJ.

                   DATED : 7 SEPTEMBER 2026.

ORDER (Per Vaishali Patil-Jadhav, J) :

1.    None for the petitioner.


2.    In the order under contempt, it was directed to pass the
Award under Section 28A of the Land Acquisition Act and after
passing of the Award, if the petitioner is entitled, it was
directed to pay the rental compensation to him. In the order
dated 06.02.2013,       it was observed that the Collector has
already decided the application for rental compensation and
the Award under Section 28A of the Land Acquisition Act is
also passed on 11.08.2011.


3.    In view of the same, nothing survives in the contempt
petition and it stands disposed of.


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

VD_Dhirde

Continue reading with your account

Checking your session…