In PIL 76/2014, the High Court at Aurangabad directed the State to remove encroachments on Government land. The Court held that authorities were duty-bound to act and issued a direction to remove the encroachments within three months.
Direction to respondents to remove encroachments on Government land within three months.
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.
G.A.Ghule [P.A.]
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pil 76.14 (Sr.No.39).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD.
P UBLIC INTEREST LITIGATION NO. 76 OF 2014.
BHIMRAO SAMBHAJI LAKHE AND OTHERS. Versus THE STATE OF MAHARASHTRA AND OTHERS.
Appearance =>
Mr. P.R. Katneshwarkar, Advocate for the Petitioners.
Mr. K.M. Suryawanshi, Asstt.Govt.Pleader for the State of Maharashtra.
CORAM : B.P. Dharmadhikari & A.M. Badar, JJ. DATE : 8th December, 2014.
Per Court :-
Mr. Suryawanshi, learned Asstt.Govt.Pleader is seeking time of four weeks, as instructions are still awaited.
[2] Mr. P.R. Katneshwarkar, learned counsel for the petitioners states that the Government land bearing Gat No.121/A/1 and Gat No.150/A were held as Service Inam by Maruti Devasthan of village Biloli, after the death of Archaks. The Government has to take back the lands however, there have been some illegal and high handed transactions and encroachments.
[3] According to him, various documents placed on record show the decision rendered by Revenue Authorities to remove that encroachment but, ultimately no action has been taken. He has invited attention to negotiation dated 13th September, 2013 [ Exhibit - “N” ] to urge that the Revenue
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Authorities have again avoided to take an action. The earlier communication dz-@2013@iquoZ@dki- rglhy dk;kZy;] fcyksyh fnukad 16@07@2013 Exhibit - “J” dated 16th July, 2013 state in that proper steps will be initiated for removal of the encroachment, is also pressed into service.
[3] Mr. Suryawanshi, learned Asstt.Govt.Pleader has invited our attention to order dated 3rd September, 2013 passed by this Court in similar matter i.e. P.I.L. No.88 Of 2012.
[4] After hearing respective counsel, we find that the encroachments cannot be tolerated and Respondents are duty bound to act in accordance with law and to remove it. The petitioners have been making efforts for removal of such encroachments since last about 21 months.
[4] In this situation, we direct the Respondents to proceed against the encroacher/s in accordance with law and, if necessary, after giving them proper opportunity, steps to remove encroachments shall be initiated within a period of three months from today.
[5] With these directions and keeping all rival contentions open, we dispose of Public Interest Litigation. No costs.
(A.M. BADAR, J.) (B.P. DHARMADHIKARI, J.)
2 issues framed by the court
Whether the State is duty bound to remove encroachments on Government land held as Service Inam by Maruti Devasthan.
Whether the Government authorities are in default for not taking action on encroachments after Revenue Authorities' decisions.
1 provisions across 1 enactments
Bhimrao Sambhaji Lakhe
The State of Maharashtra
B.P. Dharmadhikari
A.M. Badar
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
