Anant Abasaheb Shinde v. The State Of Maharashtra And Others
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 902 WRIT PETITION NO.14533 OF 2021 ANANT ABASAHEB SHINDE 903 WRIT PETITION NO.14537 OF 2021 SAVITA BHIMRAO SHINDE 904 WRIT PETITION NO.14538 OF 2021 SANDIPAN KARBHARI SHINDE 905 WRIT PETITION NO.14539 OF 2021 LAXMAN PANDURANG GAVHANE 906 WRIT PETITION NO.14550 OF 2021 RAMKISAN BABURAO GAVHANE
( 2 ) 907 WRIT PETITION NO.14551 OF 2021 SHRIRAM PANDURANG GAVHANE 908 WRIT PETITION NO.14553 OF 2021 MADAN MARUTI SOLANKE 909 WRIT PETITION NO.14561 OF 2021 ARVIND SAKHARAM SHINDE 910 WRIT PETITION NO.14573 OF 2021 VILAS BABURAO SHINDE 911 WRIT PETITION NO.14589 OF 2021 SHRIRAM BABASAHEB SHINDE
( 3 ) 912 WRIT PETITION NO.14592 OF 2021 SANGITA SHRIRAM SHINDE 913 WRIT PETITION NO.14608 OF 2021 SHYAM BHIMRAO SHINDE 914 WRIT PETITION NO.14620 OF 2021 GOVIND PRABHU SHINDE 915 WRIT PETITION NO.14621 OF 2021 BHIMRAO BABASAHEB SHINDE 916 WRIT PETITION NO.14631 OF 2021 PRABHU KARBHARI SHINDE
( 4 ) 917 WRIT PETITION NO.14634 OF 2021 GAMPU BABURAO GAVHANE 918 WRIT PETITION NO.14635 OF 2021 SANJAY PRABHU SHINDE 919 WRIT PETITION NO.14654 OF 2021 ANGAD DNYANOBA GAVHANE 920 WRIT PETITION NO.14672 OF 2021 AMOL ARJUN SHINDE 921 WRIT PETITION NO.14695 OF 2021 ARJUN BABURAO SHINDE
( 5 ) 922 WRIT PETITION NO.14696 OF 2021 KAVERIBAI SANDIPAN SHINDE 923 WRIT PETITION NO.14697 OF 2021 VIJAY SANTOSH GAVHANE 924 WRIT PETITION NO.14700 OF 2021 SARJERAO MARUTI SOLANKE 925 WRIT PETITION NO.14728 OF 2021 SACHIN SAKHARAM SHINDE ...
Advocate for Petitioners : Mr. Dhaware Rajkumar B. AGPs for Respondents/State : S/Shri P.S. Patil, S.K. Tambe, S.G. Karlekar, V.M. Kagne, P.K. Lakhotiya & A.V. Deshmukh Advocate for Resp./3 & 4 : Mr. P.D. Suryawanshi ...
CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.
DATE :
31st August, 2023
( 6 ) P.C. :- 1.
In all these matters, the Petitioners claim to be identically placed. All of them claim to be the owners and possessors of agricultural lands alongwith fruit bearing trees, wells, residential houses, borewells etc. adjacent to the State Highway No.232. Their grievance is that earlier the width of the road was only 8 to 10 meters in 1971-1972. Now the road has become a State Highway and the width is around 30 meters.
2.
By now, it is well settled that a public project should not be stalled. If the Petitioners are encroachers, the encroachments have to be removed. However, if they have a right and title, evidence through documents pertaining to such lands which are being utilized for the State Highway, will have to be produced and if the record reveals that their lands are being acquired for the State Highway, they would be entitled for compensation under the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
3.
In view of the above, these petitions are disposed off with the following directions :- [a] Let the Executive Engineer, PWD of all the respective Divisions complete the exercise of issuing notices to all these Petitioners (some of them have already been issued with such notices), for removal of encroachments.
( 7 ) [b] All those who have received the notices and those who would receive such notices, shall tender their written replies alongwith authenticated documents showing their title and ownership over the property, within 15 days from today or within 15 days from the receipt of the notices which would now be issued.
[c] The Respondents would be at liberty to carry out a joint measurement of the lands in order to assess the size of the lands, which are being utilized for the public project.
[d] If the record reveals and the Petitioners are unable to establish their ownership over the said lands, portions of which would be utilized for the widening of the road, they would be informed to remove the encroachments voluntarily within a particular time, failing which, the Respondents can initiate steps for removal of such encroachments and charge them for such exercise. [e] Needless to state, if the Petitioners' claims are sustained in Law and it is proved that their lands have been acquired, a appropriate proposal shall be forwarded by the Acquiring Authority to the competent authority and the proceedings under the 2013 Act would be completed within the timeline as is prescribed. In such a situation, the Petitioners will have to relocate themselves so as to make way for the said project.
[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub