Disposed

Vijaykumar Popatlal Shah and Ors. v. State of Maharashtra and Ors.

Bombay HC12 Dec 2007PIL/58/2007

Case brief

AI extract

What is this about?

This PIL concerned alleged encroachment of government land in Pune. The Court directed the Collector to initiate an inquiry within six months, either personally or through an SD grade officer, ensuring procedural fairness to the respondent.

What did the court decide?

Direction to collector to initiate enquiry within six months either personally or through an officer of rank not less than SDO.

Vijaykumar Popatlal Shah and Ors. Vs State of Maharashtra… — Land Acquisition | Bombay HC (2007)

¶1

vss

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

¶3

PUBLIC INTEREST LITIGATION NO.58 OF 2007

¶4

 Shri Vijaykumar Popatlal Shah & Ors. ... Petitioners

¶5

 V/s.

¶6

 The State of Maharashtra & Ors. ... Respondents

¶7

 Mr.A.V. Anturkar for Petitioners
 Mr.N.P. Deshpande, AGP, for Respondent No.1 and 2
 Mr.Dilip Bodake for Responent No.3

¶8

 CORAM: J.N. PATEL &
SMT.NISHITAMHATRE, JJ.

¶9

 DATED: DECEMBER 12, 2007

¶10

P.C.:

¶11

 . Heard. The petitioner has approached this Court
 with a grievance that the Respondent No.3 has developed
 a property belonging to the Government namely, Property
 bearing City Survey No.1078 and 1079 situated at Chakan
 Taluka Khed, District Pune and seeking a complete
 enquiry within a stipulated period with further
 direction that in case it is found that Respondent No.3
 has constructed on Government land without any legal
 right then the subject land should be resumed back from
 Respondent No.3. In the affidavit in reply, the
 respondent Collector has only expressed his helplessness
 in the matter by stating that the Collector is too busy
 and official and therefore, no such writ can be issued
 against him to conduct an enquiry and complete within a
 stipulated period and that the enquiry is being

¶12

 : 2 :

¶13

 conducted in the matter and necessary action would be
 taken in accordance with law.

¶14

 2. We, therefore, dispose of this petition with a
 direction to the respondent Collector that in case no
 enquiry has been initiated into the complaint lodged by
 the petitioner against Respondent No.3, he should
 initiate an enquiry into the matter either by himself or
 through an officer not less than the rank of a SDO and
 take appropriate action in accordance with law. We will
 appreciate the Collector to complete this exercise
 within a reasonable time i.e. six months from the date
 of communication of this order. The petitioner to
 communicate this order to the Collector, Pune.

¶15

 3. Needless to say that Respondent No.3 would get a
 fair opportunity to participate in the enquiry and would
 be heard before a decision is taken in the matter.
 Petition stands disposed of accordingly.

¶16

 (J.N. PATEL, J.)

¶17

 (SMT.NISHITA MHATRE, J.)

Vijaykumar Popatlal Shah and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Vijaykumar Popatlal Shah and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ambadas Ambaji Kudkyal Vs the State of Maharashtra and Ors.

Vijay Moreshwar Wengurlekar Vs State of Maharashtra and Ors.

Raghunath Shankar Kelkar Vs the State of Maharashtra and Ors.

Shailendra Pandit Pawar Vs the Commissioner of Sugar and Ors.

Shantaram Abaji Bankar and Anr. Vs the Divisional Jt. Registrar - Co-Operative Societies, Nashik and Ors.

Zunjar Mhasooji Avhad Vs Union of India

Ganesh Katekar Vs Brihan Mumbai Mahanagar Palika and 4 Ors.

Ambadas Ambaji Kudkyal Vs the Union of India Nd Ors.

Attar Mohiuddin Gajabarsaheb Vs State of Maharashtra and Anr.

Manohar Jiyaldas Chhablani Vs State of Maharashtra and Ors.

M.B.Kotak and Anr. Vs New India Assurance Co.Ltd. and Ors.

Bhaskar Daji Jadhav and Ors. Vs the State of Maharashtra and Ors.

Dr. Suresh Marotrao Yeole Vs Mira Bhayandar Municipal Corporation

Dr. Suresh Marotrao Yeoale Vs Mira Bhayandar Municipal Corporation and Anr.