Rameshwar Shankarappa Davangave And Others v. The State Of Maharashtra Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO.8325 OF 2023 RAMESHWAR SHANKARAPPA DAVANGAVE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Patil Bipinchandra K AGP for Respondents State: Mr. S. G. Karlekar

CORAM

: RAVINDRA V. GHUGE, & Y. G. KHOBRAGADE, JJ.

DATE : 26th July, 2023 ORDER:

1.

Leave to add Executive Engineer, Zilla Parishad, Latur as Respondent No.9. Addition be carried out forthwith. 2.

The learned Advocate for the petitioner submits that these petitioners are only praying that their representation dated 24.03.2023, be decided by Respondent No.4 and Respondent No.9, considering the respective road projects which fall within their respective jurisdiction, within a period of 60 days, on their own merits, by considering the rules and policies applicable.

3.

In view of the above, this petition is disposed off with directions to Respondent No. 4 and Respondent No.9 to decide the representation dated 24.03.2023, considering the respective road projects which fall within their respective jurisdiction, within 60 days

910wp8325-23 from today, on their own merits, by considering the rules and policies applicable.

4.

However, we make it clear that if any lands of the petitioners is found to have been utilized for the project without acquisition, they would be entitled for compensation, since this would amount to acquiring their land. In such a situation, the authorities would initiate appropriate proceedings for acquisition of the said lands. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan