In a civil application, the High Court rejected the applicants' plea to acquire private land for a bus stand, noting the government already owned suitable land for the public purpose.
Application rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 2465 OF 2009
IN
WRIT PETITION NO. 2345 OF 2007
Ankush Laxman Jadhav & Ors. .. Petitioners. Vs. The State of Maharashtra & Ors. .. Respondents And Vikram Bhikoba Jadhav & Ors. .. Applicants.
Mr. Sanjeev Kadam for the Applicants.
Mr. S.A. Sawant for the petitioners.
Mr. G.S. Hegde i/by M/s. G.S. Hegde & Associates for Respondent No.2.
Mr. R.P. Behere, Addl., G.P., for respondent nos. 1, 3 & 4.
CORAM : J. N. PATEL &
SMT. R.P. SONDURBALDOTA, JJ DATE : 7TH OCTOBER, 2009
P.C. :
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The learned counsel for the applicants submits that Mr.
Vikram Vikoba Jadhav and Mr. Hamid Khan Pathan who are residents of Vathar Station are ready to offer their land for construction of bus stand as their land is suitable for the said purpose and that it should be acquired for the purpose of constructing bus stand. We find that this application is made in personal interest as the applicants who are offering their land want the land to be acquired for the purpose of construction of bus stand which should definitely benefit them. Whereas the plot of land which has been now earmarked is a government land and is available free of cost to the M.S.R.T.C., for constructing a bus stand. Further, the land acquisition proceedings will also take a long time and it will delay the very public purpose for which this petition has been filed. Therefore, this application is rejected.
( J. N. PATEL, J)
(SMT. R.P. SONDURBALDOTA, J.)
1 issue framed by the court
Whether an application seeking land acquisition for a bus stand in personal interest to beat government land availability can be allowed.
Ankush Laxman Jadhav & Ors./Vikram Bhikoba Jadhav & Ors.
The State of Maharashtra & Ors.
J. N. PATEL
SMT. R.P. SONDURBALDOTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
