Aasha Gopal Patil And Others v. The State Of Maharashtra Through Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11420 OF 2023 Aasha Gopal Patil & others Petitioners

Versus

The State of Maharashtra and others Respondents Mr. V. Y. Patil, advocate for the Petitioners Mr. S. R. Yadav Lonikar, AGP for Respondents CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARUN R. PEDNEKER, J.

DATE : 13th SEPTEMBER, 2023.

P.C. :

1.

Heard the learned Counsel for the petitioners and the learned A.G.P. for Respondents.

2.

An assertion is made in this petition that the work relating to road widening of Neri-Jamner, Road No.41 is taking place and certain lands belonging to the petitioners are coming within the alignment of the said road widening, however, the work is being undertaken without acquiring the

land of the petitioners or without paying any compensation. 3.

It has been stated by the learned Counsel for the petitioners that the petitioners are not opposing widening of the road and they are even ready to give their lands for the said purpose, however, without acquiring the land and without paying the compensation, for utilization of land amounts to violation of their rights including constitutional rights under Article 300A of the Constitution of India. 4.

Having regard to the aforementioned facts, we provide that the measurement of the land belonging to the petitioners, as per 7/12 extract, shall be undertaken by the respondents and in case in the said measurement, any of the land owned by the petitioners is found to be coming within the alignment of the widening of the road, they shall be adequately compensated either on the basis of private negotiations or by acquiring the land under appropriate legislation. In the event, the land of the petitioners are not found within the alignment of the road widening, the expenses of the measurement shall be borne by the petitioners.

5.

With the aforesaid observations and directions, the writ petition stands disposed of.

(ARUN R. PEDNEKER, J.) (CHIEF JUSTICE) adb