Gajanan Prataprao Hambarde v. The State Of Maharashtra Through Principal Secretary And Others

(1) 37-wp-3123-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3123 OF 2023 GAJANAN PRATAPRAO HAMBARDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

Mr. Ashish P. Deshmukh, Advocate for the Petitioner. Mr. D. R. Kale, In-charge G. P. for Respondents-State. ...

CORAM : NITIN W. SAMBRE AND S. G. CHAPALGAONKAR, JJ.

DATE : 17th APRIL, 2023.

P.C:- 1.

The challenge is to the Notification dated November 11, 2021 issued by the respondent-Public Works Department wherein the respondent has notified the land of the petitioner for acquisition.

2.

According to the petitioner, since there already exist road the acquisition proceeding need not be taken effective, as such, acquisition will render the petitioner landless person. 3.

As far as the aforesaid submission is concerned, the petitioner is not an expert person to decide as to whether the subject matter i.e. extension of the existing road in its width is required or not. Once the Planning Authority has formed an opinion after having assessed the requirements of such road as is reflected in the impugned Notification, we do not see any reason to cause interference in the writ petition.

(2) 37-wp-3123-2023 4.

As such, writ petition stands dismissed.

(S. G. CHAPALGAONKAR) (NITIN W. SAMBRE) JUDGE JUDGE Devendra/April-2023