Petitioners challenged rehabilitation legality via PIL. Bench noted Commissioner reports and affidavits confirming enquiries, finding of illegality, and redress of grievances. Court disposed of petition accepting satisfied state action.
Petition disposed of accepting statements in affidavits and reports.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.146 2010
Kalammawadi Dharangrastha
Sanghatana & Others ...Petitioners
vs.
The State of Maharashtra
and others ...Respondents
Mr.Tanaji Mhatungade for the petitioner
Mr.A.I.Patel, AGP for the respondent Nos.1 to 3
CORAM : A.S.OKA, &
A.K.MENON, JJ.
DATE : JANUARY 16, 2015
P.C.:
1We have perused the report submitted by the
Divisional Commissioner which is dated 2nd January
2015. A report dated 1st January 2015 submitted to
the Divisional Commissioner by the Additional
Divisional Commissioner, Kolhapur is appended to the
report of the Divisional Commissioner.
2We have perused the earlier orders passed by
this Court. The issue raised by the petitioners is
as regards the illegality and irregularity in the
matter of rehabilitation of the project affected
persons by allotment of lands. Under the order
dated 28th March 2014, the Divisional Commissioner,
Pune or the Additional Divisional Commissioner
nominated by him was ordered to hold an enquiry.
From the reports submitted before this Court, we
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find that an elaborate enquiry has been made. The
first report is dated 4th October 2014 filed by the
Divisional Commissioner, Pune. Both the reports
show that illegality in large number of cases has
been found. Out of total 43 Review Petitions filed
in this Court, approximately 22 have been allowed.
It is stated that remaining review petitions are
still pending as an appropriate Bench has not been
constituted to deal with the review petitions.
After having perused both the reports of the
Divisional Commissioner, we find that the grievances
raised in the petition have been substantially
redressed. Effective steps have been taken by the
State Government. Show cause notices have been
issued to the several persons where illegalities
have been found.
3Even the first petitioner Shri Tukaram Baburao
Patil has filed an affidavit today recording that
appropriate action has been initiated by the State
Government. It is stated that the first petitioner
is personally present in the Court.
4By accepting the statements made in the
affidavits and reports filed on record, we dispose
of the petition.
Kalammawadi Dharangrastha Sanghatana & Others
The State of Maharashtra
A.S.Oka
A.K.Menon
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