Suresh Narayan Satav v. Gram Panchayat Ansing Thr. Its Secretary At Ansing, Washim And Others

2025:BHC-NAG:7855-DB 902-PIL-21-2023.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

PUBLIC INTEREST LITIGATION NO. 21 OF 2023 Suresh Narayan Satav vs.

Gram Panchayat, Ansing through its Sarpanch at Ansing, Tahsil and District Washim and others.

------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Rohan Deo, Advocate for petitioner.

Mr. M. L. Vairagade, Advocate for respondent no.1. Mr. I. J. Damle, AGP for respondent nos.2, 4 and 6. Mr. R. D. Karode, Advocate for respondent no.3. Mr. V. N. Morande, Advocate for respondent nos. 8 to 12 CORAM :- ANIL S. KILOR and MRS. VRUSHALI V. JOSHI, JJ. DATE :- 8th AUGUST, 2025 P. C.

Heard learned counsel for the parties.

2.

This Public Interest Litigation came to be filed mainly on two grounds; namely (1) the land on which the Gram Panchayat is going to construct its administrative building is not owned by the respondent-Gram Panchayat but it is owned by private persons and (2) the plan prepared for such construction is not approved by the Competent Authority or the Public Works Department (PWD). 3.

Mr. V. N. Morande, learned counsel appearing for the respondent nos. 8 to 12 who claim to be the owners of the land in question, submits that the old building of the Gram Panchayat was constructed on their land and the new proposed building will also be constructed on their land.

Thus, the first ground referred above does not survive. 4.

As far as the second ground is concerned, the Government has granted administrative approval to such construction and also provided funds/grant for such construction. The Government unless satisfied

902-PIL-21-2023.odt 2 that all the necessary compliances are done, normally does not grant permission or approval for such construction. For grant of a approval by the Government, it is necessary to comply with all the requirements including sanctions and other relevant things. 5.

In the present case, though the petitioner has approached this Court by filing this Public Interest Litigation, he has not approached the concerned authorities by making an application, under the Right to Information Act, seeking the information, documents and other relevant material, if any, produced by the Gram Panchayat before the Government or concerned authorities for grant of approval to such project.

6.

In the circumstances, there is nothing on record, filed by the petitioner, to show that without complying the Rules or the instructions issued by the Government from time to time, the Government has granted approval to the construction of the administrative building of the Gram Panchayat. 7.

In that view of the matter, we dispose of the Public Interest Litigation. We expect that the concerned authorities shall once again look into the matter to get satisfied that all the compliances are done and there is no breach of any provision or instructions issued by the Government in that regard.

(MRS. VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) Andurkar.