Gram Panchayat, Mamurabad Thr. Its Sarpanch v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.49 OF 2014 Gram Panchayat, Mamurabad, through its Sarpanch, Shri Raosaheb s/o Hari Patil, age: 42 years, Occ: Agril., R/o Village Mamurabad, Tq. & District Jalgaon.

Petitioner

Versus

01 The State of Maharashtra, through its Principal Secretary, Water Resources Department, Mantralaya, Mumbai-32.

02 The Collector, Jalgaon.

03 The Special Land Acquisition Officer No.1, Jalgaon.

04 The Executive Director, Tapi Irrigation Development Corporation, Jalgaon, District Jalgaon.

05 The Executive Engineer, Waghur Dam Division, Jalgaon, District Jalgaon.

06 M/s Mall Enterprises, 'RAMDEV", Town Centre, CIDCO, Aurangabad.

07 M/s Paramkripa Constructions, Aurangabad.

Respondents Mr.P.M.Shah, Senior Counsel i/by Mr.G.N.Patil, advocate for the petitioner Mrs.M.A.Deshpande, A.G.P. for Respondents No.1 to 3. Mr.S.D.Dhongade, advocate for Respondents No.4 & 5.

{2} CORAM : R.M.BORDE & V.K.JADHAV, JJ.

Reserved on : 15th September, 2015 Pronounced on : 21st September, 2015 PER COURT:

The petitioner, in the instant Public Interest Litigation, seeks directions to the Respondents-authorities to take steps for taking possession of acquired lands and to start construction work of Asoda Branch Canal of Waghur Irrigation Project to the extent of 1.87 K.M and minor Nos. 4 and 5 in the area of village Mamurabad and complete the construction work of the said canal within prescribed time frame.

We have separately dealt with writ petitions i.e. WPs No.2390 of 2015 and 610 of 2014, challenging acquisition proceedings by the claimants whose land is sought to be acquired for Asoda Branch Canal, including the claimants residing in village Mamurabad; and issued certain directions in respect of determination of compensation in accordance with provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In view of the judgment delivered by us today in Writ Petitions No.2390 of 2015 and 610 of 2014, no separate directions need be issued in the instant PIL. It would be obligatory on the part of Respondent-State authorities to commence the work of construction of Asoda Branch Canal of Waghura Irrigation Project to the extent of 1.87 K.M and minor Nos. 4 and 5 in the area of

{3} village Mamurabad on completion of acquisition proceedings in accordance with provisions of the Act of 2013. We have already provided time frame of six months for determination of amount of compensation and payment of amount to the claimants. It would be obligatory on the part of RespondentState authorities to resume construction work of branch canal and complete same within shortest possible time frame. In the facts and circumstances of the case, no separate directions need be issued in the instant Public Interest Litigation and same stands disposed of accordingly. Pending Civil Application, if any, does not survive and stand disposed of. V.K.JADHAV R.M.BORDE JUDGE JUDGE adb/pil4914