CHINCHWAD DEVASTHAN TRUST Vs. PIMPRI CHINCHWAD MUNICIPAL CORPORATION
LAWS(BOM)-2017-10-157
HIGH COURT OF BOMBAY
Decided on October 12,2017

Chinchwad Devasthan Trust Appellant
VERSUS
PIMPRI CHINCHWAD MUNICIPAL CORPORATION Respondents

JUDGEMENT

Manjula Chellur, C.J. - (1.) This petition is filed by the petitioner complainant Trust seeking action against the respondent officials for not complying with the order dated 2nd May 2015. It is necessary to bring on record certain EVENTS WHICH occurred after passing of the above said order, which led to filing of the present Contempt Petition.
(2.) Land admeasuring about 1,05,400 sq.m situated at Bhosari within the jurisdiction of the Pimpri Chinchwad Municipal Corporation belongs to the petitioner Trust. In the year 1997 by an agreement dated 8th July 1997, petitioner trust handed over the above land to the possession of respondent no.1. Inspite of proceedings under Land Acquisition Act being initiated, the respondent no.1 failed to pass award or grant compensation or TDR in respect of the above said land. Therefore, petitioner trust filed Writ Petition No.7494 of 2013 wherein the Division Bench ultimately held that within two years of time, the fourth respondent Pimpri Chinchwad Municipal Corporation therein has to take recourse to the proceedings of compulsory acquisition under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "2013 Act"). Inspite of persistent follow-up by the contempt petitioner seeking computation of compensation in terms of new Enactment or to grant TDR in lieu of compensation, first respondent failed to complete the Land Acquisition proceedings under 2013 Act nor restored back possession of the land to the petitioner Trust nor offered TDR to the Trust.
(3.) On 3rd August 2016, when petitioner Trust again addressed a letter to the respondent no.1 seeking compliance of directions of the order dated 2nd May 2014, respondent applied for extension of three months time on the ground that award is almost ready. However, the respondent no.1 failed to comply with the said undertaking of completing the award process nor paying compensation nor offering TDR nor restoring back possession of the land. Therefore, the present Contempt Petition came to be filed.;


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