In a stern order, the division bench of Justice A V Sawant and Justice R J Kochar directed that the principal secretary, Revenue Department will hold an enquiry to fix the responsibility on the person responsible for Kolgeri's present situation. The petition has been kept pending following the desire of the bench to take action against such a person, who flouted three high court orders in the case since 1993. The report is to be submitted to the court within two months.

Kolgeri's 66 guntha

s of land were acquired by the special land acquisition officer in January 1973 forthe construction of a bridge at the Shelgi naka on the Mumbai-Pune road in Solapur city. Aggrieved by the poor compensation he approached the district court for an enhancement, which was allowed. However, Kolgeri was still dissatisfied and approached the Bombay High Court in 1993 which again allowed his petition and enhanced the compensation due. The State Government was directed to pay the enhanced amount.

Nothing, however, happened. After waiting for five years, in 1998, Kolgeri again approached the Bombay High Court by way of a writ petition stating that the Government had failed to pay him. In November 1998, a division bench of Justice S H Kapadia and Justice A P Shah gave the state a week to give reasons for the delay. Nothing happened. On December 24, 1998, the court directed that the collector of Sholapur, to personally remain present and directed the State to pay the compensation.

In subsequent hearings nothing happened. When the petition came up before the bench of Justice Sawant in August 1999,the amount due to Kolgeri, a sum of Rs 4,27,515 was first deposited in the court. On August 7, Kolgeri was allowed to withdraw the amount.

The State Advocate General's statement and the affidavit of the Collector of Sholapur, Madhav Sangle, revealed the State's bungling. Apparently, from 1993 to 1998, when the petition was filed in the high court, the State could not decide if they should have appealed against the enhanced compensation to the apex court. Not to be outdone, Justice Sawant enquired about the date when the government pleaders' had actually written to the State Law and Judiciary Department asking about the appeal. It appeared, since 1993 to 1998, the letter was not written. It was only when the petition was filed that the law and judiciary department was hastily written to and an opinion was obtained that the State was not interested in appealing against the order. These letters were received only in July 23 and September 23, 1998.

Even when the division bench of Justice Kapadia in December1998 directed the state to pay the compensation, the letter reached the Collector Sangle who in turn sent it to his subordinate officers, executive engineer (public works department, Solapur) and superintendent engineer (Ahmedabad division). It appeared that the duo sent the matter erroneously to the PWD Department for the compensation. And since the PWD does not handle these matters which were for the Revenue Department, the matter rested there till the petition came up for further hearing in August 1999!