Kalammawadi Dharan Grasth Sanghatna And ORS. v. The State Of Maharashtra And ORS.

pil146 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION PUBLIC INTEREST LITIGATION NO.146 2010 Kalammawadi Dharangrastha Sanghatana & Others

...Petitioners

vs.

The State of Maharashtra and others

...Respondents

Mr.Tanaji Mhatungade for the petitioner Mr.A.I.Patel, AGP for the respondent Nos.1 to 3 CORAM : A.S.OKA, & A.K.MENON, JJ.

DATE : JANUARY 16, 2015 P.C.:

We have perused the report submitted by the Divisional Commissioner which is dated 2nd January 2015. A report dated 1st January 2015 submitted to the Divisional Commissioner by the Additional Divisional Commissioner, Kolhapur is appended to the report of the Divisional Commissioner.

We have perused the earlier orders passed by this Court. The issue raised by the petitioners is as regards the illegality and irregularity in the matter of rehabilitation of the project affected persons by allotment of lands. Under the order dated 28th March 2014, the Divisional Commissioner, Pune or the Additional Divisional Commissioner nominated by him was ordered to hold an enquiry. From the reports submitted before this Court, we

pil146 find that an elaborate enquiry has been made. The first report is dated 4th October 2014 filed by the Divisional Commissioner, Pune. Both the reports show that illegality in large number of cases has been found. Out of total 43 Review Petitions filed in this Court, approximately 22 have been allowed. It is stated that remaining review petitions are still pending as an appropriate Bench has not been constituted to deal with the review petitions. After having perused both the reports of the Divisional Commissioner, we find that the grievances raised in the petition have been substantially redressed. Effective steps have been taken by the State Government. Show cause notices have been issued to the several persons where illegalities have been found.

Even the first petitioner Shri Tukaram Baburao Patil has filed an affidavit today recording that appropriate action has been initiated by the State Government. It is stated that the first petitioner is personally present in the Court.

By accepting the statements made in the affidavits and reports filed on record, we dispose of the petition.

(A.K.MENON,J.) (A.S.OKA,J.)