This PIL was disposed of. The court held that, following the State Government's permission for land conversion, the Gram Panchayat validly allotted the land for a school, causing no adverse effect on villagers' water supply.
The Public Interest Litigation is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.99 OF 2008
Shri Babaso Yeshwant Kamble and others. ... Petitioners Versus Grampanchayat Nagaon, Tal. Hatkangale, Dist. Kolhapur and others. ... Respondents
Mr. V.B. Rajure for the respondent No.6. Mr. N.P. Deshpande, Assistant Government Pleader for the State. Mr.S.S. Patwardhan for the respondent No.1.
CORAM : J.N. PATEL, ACTING C.J. & B.R. GAVAI, J. DATED : 20TH JANUARY, 2010
P.C.
None appears for the petitioners. We have gone through the affidavit in reply filed by Tahsildar, Hatkanangale, Dist. Kolhapur and the Deputy Sarpanch of Grampanchayat, Nagaon. The State Government has permitted conversion of the land by reviewing the reservation and, therefore, on the basis of the same, the respondent-Gram Panchayat has allotted the land for the purpose of school. The affidavit filed by Tahsildar also clearly records that utilising the land in question for the purpose of school does not adversely affect the water supply of villagers as there are other sources of water such as wells, bores etc. The Gram Panchayat is able to satisfy the water needs of the villagers. We,
therefore, do not find any merit in the matter. Public Interest Litigation
is disposed of.
ACTING CHIEF JUSTICE
B.R. GAVAI, J.
Shri Babaso Yeshwant Kamble and others
Grampanchayat Nagaon and others
J.N. PATEL
B.R. GAVAI
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
