Disposed

Shri. Sanjay Dilip Patil and Ors. v. the State of Maharashtra, through Secretary, P.W.D. and Ors.

Bombay HC21 Sept 2015WP/4767/2013

Case brief

AI extract

What is this about?

The court disposed of a writ petition apprehending illegal dispossession for road widening. It held that dispossession requires following due compulsory acquisition process, including Section 5(A) inquiry, an award, or an applied urgency clause after notice.

What did the court decide?

Petition disposed; no further orders given pending Section 5(A) inquiry.

Shri. Sanjay Dilip Patil and Ors. Vs the State of… — Land Acquisition | Bombay HC (2015)

rsk

WP-4767-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4767 OF 2013 WITH CIVIL APPLICATION NO.1206/2014

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Sanjay Dilip Patil & Ors. ...Petitioners. V/s. The State of Maharashtra & Ors. ...Respondents.

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Mr. Rajaram V. Bansode for the Petitioner/applicant. Mrs. M. P. Thakur, AGP for Respondent Nos.1 to 5, 7 to 9 & 11. Mrs. S. V. Bharucha for Respondent No.3. Mr. Satish Upadhyay i/b M. V. Kini & Co. for Respondent No.6. Mr. R. S. Apte, Sr. Advocate i/b Mr. Anand S. Kulkarni for respondent No.12.

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CORAM : A.S.OKA & V.L. ACHLIYA,JJ.

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DATE : 21^st SEPTEMBER, 2015.

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P.C.:

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. Heard learned Counsel appeared for the petitioner. We have perused the affidavit of Shri Sattar Ismail Mulla, Sub Divisional Engineer, National Highway Sub Division No.30, Shetphal, DistrictSolapur. It records that inquiry under Section 5(A) of the Land Acquisition Act, 1894 is in process. The paragraph 8 of the said affidavit reads thus:

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8. I say that after following due procedure of law under the LAQ, and after acquisition of the land from the farmers thereof, the further land will be acquired and construction of further road widening will be carried out.”

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We accept the said statement made in paragraph 8 of the said

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affidavit.

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In this petition, there is an apprehension expressed that the petitioners will be illegally dispossessed for widening of road.

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rsk 2 WP-4767-13.doc

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In view of categorical statement made in paragraph 8 of the said affidavit, it is obvious that petitioner cannot be dispossessed unless due process of law is followed as per the provisions of the law relating to compulsory acquisition. Thus, it follows that unless urgency clause is applied after giving notice to the petitioner or unless an award is made, the petitioner cannot be dispossessed.

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Inquiry under section 5(A) of the Land Acquisition Act, 1894 is still pending. Issue regarding public purpose will be gone into in the said inquiry.

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By accepting the aforesaid statement and subject to what is observed above, the petition is disposed of. Civil Application 1206/2013 does not survive and the same is disposed of.

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(V. L. ACHLIYA, J.) (A. S. OKA, J.)

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C E R T I F I C A T E

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“ Certified to be true and correct copy of the original signed Judgment/Order.”

Shri. Sanjay Dilip Patil and Ors. v. the State of Maharashtra, through Secretary, P.W.D. and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Sanjay Dilip Patil and Ors. v. the State of Maharashtra, through Secretary, P.W.D. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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