Anil Bhagwan Agarwal And ORS v. The State Of Maharashtra And Others
1 14021.2018WP..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
123 WRIT PETITION NO.14021 OF 2018 ANIL BHAGWAN AGARWAL AND ORS ... Petitioners
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS .. Respondents ...
Advocate for Petitioners : Shri N.S. Shah AGP for Respondent Nos.1, 2 & 4 : Shri P.S. Patil Advocate for Respondent No.3 : Shri S.S. Deve Advocate for Respondent No.5 : Smt M.B. Mhase - Thube h/f. M/s. Ambless Legal Services ...
CORAM: S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.
DATE : NOVEMBER 19, 2019 PER COURT : - 1.
We have heard the learned counsel for the parties. The grievance of the petitioners is that, the respondents are not initiating land acquisition proceedings. The Naib Tahsildar has filed an affidavit. Para nos.3 to 5 of the affidavit read thus : "3.
I say and submit that, the office of the Collector, Aurangabad had issued order dated 11.09.2017 on the basis of proposal submitted by the Executive Engineer, National Highway Division, Aurangabad and directed the Sub-Divisional Officer and Land Acquisition Officer, Sillod to submit the proposal for acquisition of land as per the Government Resolution issued by the Government time to time as per the private
2 14021.2018WP..doc negotiation. Copy of the order dated 11.9.2017 is annexed herewith and marked as EXHIBIT-R-1.
4.
I say and submit that, the office of the Respondent no.3 vide letter dated 26.12.2018 issued letter to the Executive Engineer, National Highway Division, Akola and requested to obtain the consent of land holders for the purpose of initiating land acquisition proceeding for the Ajintha - Buldhana - Khamgaon - Shegaon - Devri National Highway. Hereto annexed and marked as EXHIBIT-R-2 is the copy of letter dt.26.12.2018.
5.
I say that, as and when the proposal from the concerned acquiring body is received, the necessary for acquisition of land for the purpose of Ajintha - Buldhana - Khamgaon - Shegaon - Devri National Highway necessary action will be taken immediately."
2.
It is submitted by the learned counsel for other respondents that the lands of the petitioners are not affected. Those lands which are affected in the roads are Gut Nos.61, 68, 69, 73, 88, 89, 117, 118, 125, 126, 127, 131, 132, 134, 135, 136, 137, 161, 162, 163, 165 and 170. The notices are already issued to the land owners for acquisition.
3.
There is nothing on record now to show that, the lands of the petitioners are also included. The petitioners may get their lands measured with notices to the National Highway Authorities / Competent authorities. Pursuant to the measurement, the further steps can be taken by the parties.
3 14021.2018WP..doc 4.
Writ Petition is accordingly disposed of. No costs. [ AVINASH G. GHAROTE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE ...