Bandu S/O Kisan Nannaware And Another v. The State Of Maha. Thr. Secretary, Revenue And Forest Department, Mumbai And Others

Order 1701pil74.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

PUBLIC INTEREST LITIGATION NO. 74/2017.

Bandu Kisan Nannaware, Chandrapur and another. -VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : JANUARY 17, 2018.

Heard Shri S.A. Marathe, learned Counsel for petitioners, Shri A.S. Fulzele, learned Addl.G.P. for respondent nos. 1 to 5 and Shri S.P. Bhandarkar, learned Counsel for respondent nos.6 to 20.

2.

Petitioners point out need of acquisition of land of respondent nos. 6 to 20 for existing road. Learned counsel appearing for them is seeking time. 3.

Learned Addl. G.P. appearing for respondent nos. 1 to 3, invites attention to the reply affidavit. He submits that, lands were earlier acquired, but, then said acquisition is found to be

Order 1701pil74.17 vitiated and therefore, quashed. The steps afresh for acquisition are being initiated as per law.

4.

In view of statement made by respondent nos. 1 to 3, we are not inclined to keep this Public Interest Litigation pending. Defence or contentions available to land owners likely to be affected by such acquisition cannot be looked into in this Public Interest Litigation. As and when such steps are taken, such of them, if aggrieved, can always make suitable grievance as per law. They can also approach appropriate forum for redressal of the same. 5.

Hence, keeping all their rival contentions and rights open, with above observations we direct respondent nos. 1 to 4 to initiate necessary steps within a period of three months from today. Interim orders passed by this Court on 05.07.2017, shall continue till then and shall be subject to it. Public Interest Litigation is, accordingly disposed of. No costs.

JUDGE JUDGE Rgd.`