Disposed

Vasant Nagar Rahivasi Sangh and 10 Ors. v. the State of Maharashtra and 3 Ors.

Bombay HC14 Feb 2007WP/35/2007

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging road widening. Court directed respondent to hear petitioners within six weeks regarding individual structures, clarifying no automatic stay on project completion except for petitioners seeking hearing.

What did the court decide?

Direction to respondent competent authority to hear petitioners within six weeks and take a decision regarding structures.

Vasant Nagar Rahivasi Sangh and 10 Ors. Vs the State of… — Land Acquisition | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO. 35 OF 2007

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 Vasant Nagar Rahivasi

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 Sangh & Ors. .. Petitioners.
 vs.

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 The State of Maharashtra

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 & Ors. .. Respondents.

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 Mr. A.Y. Bookwala i/by M/s. Chitnis Vaity & Co.

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 for petitioners.

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 Ms. Kiran Bagalia for Respondent no. 2.

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Coram: J.N. PATEL &,

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 S.C. DHARMADHIKARI, JJ.

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 Date: 14th February, 2007.

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 P.C.

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 . Heard.

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 2. The petition can be disposed of at the

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 admission stage itself. The grievance of the
 petitioners is that the respondents have not taken into
 consideration their representation and are proceeding
 with the implementation of the road widening scheme

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 thereby affecting the structures of the petitioners.

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 3. On the other hand, in the affidavit in reply
 filed on behalf of the competent authority it has been
 specifically stated that the project of road widening
 is in public interest and is being undertaken after
 taking into consideration the rights of the
 petitioners.

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 4. In our view, it will be proper for the
 respondent competent authority to give an opportunity
 of hearing to the petitioners and consider their case
 in reference to the individual structures owned by the
 petitioners and if it is found that the said structures
 come within the road widening scheme, the petitioners
 to take steps to remove the structures on their own and
 claim benefits in accordance with the scheme. We
 expect the respondent to hear the petitioners within a
 period of six weeks from the date of communication of
 this order and take a decision in the matter. The
 counsel for the respondents to communicate the order to
 the competent authority who shall forthwith issue
 notices to the petitioners. We make it clear that
 there is no stay granted by this Court in the matter of
 completion of project except in case of structures of
 the petitioners who have approached this Court and
 deserve a hearing in the matter.

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 5. Petition stands disposed of accordingly.

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 6. The Private Secretary of this Court is directed
 to furnish an authenticated copy of this order to the
 learned counsel for the petitioners.

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 (J.N. Patel, J. )

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 (S.C. Dharmadhikari, J. )

Vasant Nagar Rahivasi Sangh and 10 Ors. v. the State of Maharashtra and 3 Ors.

Case brief

What is this about?

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Vasant Nagar Rahivasi Sangh and 10 Ors. v. the State of Maharashtra and 3 Ors.

Case brief

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What did the court decide?

What the court decided

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