Bombay High CourtPIL/71/2016dispossed offdismiss for default

Nilesh S/O Govindrao Nagrale And Another v. The State Of Maharashtra Thr. Secretary Irrigation Dept., Mantralaya, Mumbai And Others

2016-07-28Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice V.M. Deshpande2 pages

pil71-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

PUBLIC INTEREST LITIGATION No.71 OF 2016 Nilesh Govindrao Nagrale and another.

-Vrs.- The State of Mah. Through its Secretary, Irrigation Deptt. Mantralaya, Mumbai and 5 others.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P.S. Kshirsagar, Advocate for petitioner. Mr. S.M.. Ukey, AGP for respondent nos. 1 to 4 & 6. Mr. S.G. Jagtap, Advocate for respondent no. 5. CORAM : B.R. GAVAI AND V. M. DESHPANDE , JJ.

DATED : 28 th JULY, 2016 The petition has been filed with a grievance that proper facilities are not provided in the rehabilitated village Kohal. It is further the contention of the petitioner that the package amount as has been granted to other affected families has not been granted to them and therefore, the respondents have discriminated between them.

As against this, the learned counsel for the respondent no. 5 states that the compensation has been granted only to the persons who own the land and where the houses were constructed. It is further contended that the petitioners have constructed houses on the government land after encroaching upon it.

The learned Additional Government Pleader has placed on record affidavit-in-reply stating therein about the facilities provided at the site.

pil71-16.odt We prima facie find that all the infrastructural facilities are provided in the rehabilitated site at Kohla. In so far as other issues regarding compensation for construction of houses are concerned, the petitioners shall make representation to respondent no. 3 Collector. If the respondent no.3 finds that any of the petitioners are entitled to any additional relief, he shall pass appropriate order which shall be complied with by the respondent no.5. The petition is disposed of with aforesaid observations.

JUDGE JUDGE Hirekhan CERTIFICATE copy of original signed Order.

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Uploaded on:30-07-2016.

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