Rajan Anandrao Sonawane Throu. Poa Akshay Dnyaneshwar Jadhav v. State Of Maharashtra Throu. Dept Of Revenue And Foest And ORS

501 WP 13776-24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13776 OF 2024 Rajan Anandrao Sonavane

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

_______ Mr. Jyotiram Jadhav for Petitioner.

LAXMI SUBHASH SONTAKKE LAXMI SUBHASH SONTAKKE Date: 2025.10.15 15:46:55 +0530 Mr. Rajan Pawar, AGP for the Respondents.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

13th OCTOBER 2025 P.C.

1.

We have heard the learned Counsel for the parties on this Petition. 2.

The primary grievance of the Petitioner is that the land, which is the subject matter of this Petition, was never acquired for any public purpose. Although an initial notification under Section 4 was issued indicating the intention to acquire the land, no subsequent steps were taken, and no Award was ever declared. Despite this, the revenue records continue to reflect that the land is subject matter of acquisition. In light of the above, the Petitioner has filed this Petition seeking the following reliefs:

"a. Rule be issued. Record and proceedings be called for. b. That by an appropriate writ, order or direction, this Hon'ble Court be pleased to direct the Respondent No.3 to direct his officers to delete the entries of reservation for the project affected persons from the other right column of 7x12 extract of Gat No. 992 admeasuring 1 Hector 00 Ares situated at Village Chakan, Tal. Khed, Dist. Pune as per the order dated 17th February 2020 passed by this Hon'ble Court in Writ Petition St. No. 1983 of 2020.

c. That by an appropriate writ, order or direction, this Hon'ble court be pleased to hold and declare that the restrictions imposed u/s.12 is lapsed, in view of total non-compliance of the Laxmi

501 WP 13776-24.DOC provisions of Section 13, 14 and 15 of the Maharashtra Project Affected Persons Rehabilitation Act 1999 (earlier known as Maharashtra Resettlement of Project Displaced Persons Act, 1976);

d. That by an appropriate writ, order or direction, this Hon'ble Court be pleased to hold and declare that the restriction allowing the Petitioner to deal with the land only for agricultural purpose imposed vide Government Resolution dated 11.02.2022, suffer from doctrine of ultra vires and therefore, be pleased to quash and set aside the same. This Hon'ble Court may further be pleased to declare that the Petitioner's land is free from the afore-stated restrictions. e. Pending the hearing and final disposal of the present writ petition, this Hon'ble Court be pleased to direct the Respondents to permit the Petitioner to deal with his land bearing Gat No.992 situated at Village Chakan, Tal. Khed, Dist. Pune, on such terms and conditions as this Hon'ble Court may deem fit and proper.

f. Interim/ad-interim relief in terms of prayer clause (e) above may kindly be granted.

g. Any other just and consequential relief/ order may kindly be passed in favour of the Petitioner as this Hon'ble Court may deem fit and proper in the interest of justice." 3.

Such issues as canvassed by the Petitioners have reached this Court in several proceedings. Some of the orders i.e. in Writ Petition(St.) No. 1983 of 2020 and Writ Petition No. 2197 of 2021 and in a batch of Petitions are annexed to the Petition. In this view of the matter, we are inclined to dispose of the Petition in similar terms by the following order:

i.

The revenue entries in respect of the Petitioner's land recording that the land would be subject matter of the acquisition for project affected persons shall be deleted within 8 weeks from today.

ii.

Needless to state that except the observations made by us above, we have not examined any other contention.

iii.

Petition is disposed of in the aforesaid terms. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Laxmi