Disposed

Sanjay S/O Totaram Jadhao v. the District Collector, Buldana and Others

Bombay HC20 Oct 2016CAO/1209/2016

Case brief

AI extract

What is this about?

This court disposed of a civil application seeking a direction to the Collector and Tahsildar to permit the respondent society to retain encroached land in Survey No. 469, provided they surrender an equal area from Survey No. 467 to the State.

What did the court decide?

Direction to permit respondent nos. 5 and 6 to retain land in Survey No. 469 in lieu of surrendering equal area in Survey No. 467 and to execute necessary documents within four weeks.

Sanjay S/O Totaram Jadhao Vs the District Collector, Buldana… — Land Acquisition | Bombay HC (2016)

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20.10.cao.1209.16

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IN THE COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO.1209/2016 IN

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PUBLIC INTEREST LITIGATION NO. 41/2015

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(Sanjay s/o Totaram Jadhao vs. The District Collector, Buldana and others )

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.............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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.............................................................................................................................................. Mr. P.B. Patil, Advocate for the petitioner Mr. M.K.Pathan, Assistant Government Pleader for Respondent Nos .1 to 3 Mr. R.J.Kankale, Advocate for Respondent No.5 (Mr S.D. Malke, Advocate for Intervenor)

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CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ. DATED : 20^th October, 2016.

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Heard.

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The instant Civil Application was filed by the original respondent no.5 seeking a direction to the Collector, Buldana and Tahlsidar, Buldana, to retain the area of land earmarked as “PQRS” of Survey No. 469 of Mouza Kolwad by accepting the surrender-deed in favour of the State to the extent of equal area from Survey no.466 of the same survey owned by the respondent no.5-Society.

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Vide our order dated 21^st July, 2016 we had directed the Tahsildar to consider the grievance of the petitioner as raised in the Civil Application.

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Accordingly, a communication is placed on record by the learned Assistant Government Pleader addressed by the

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20.10.cao.1209.16

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Collector, Buldana dated 15^th October 2016. Perusal of the said communication would reveal that the Deputy Superintendent of Land Records, Buldana has done a spot inspection and measurement and found that if the land encroached upon by the respondent no.5 and 6 on Survey No. 469 is permitted to be retained by the society in lieu of the land admeasuring the same area of Survey no.467, no inconvenience would be caused to anyone.

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It is further to be noted that the lands are adjoining and may be under a bona fide belief. Considering the said land to be their own land, the society had made construction on the government land. In any case, in lieu of the said the society is willing to surrender the equal portion of the land in the adjoining Survey number.

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We find that such a proposal would be in the interest of the respondent nos. 5 and 6 so also the State, inasmuch as both of them will be retaining the land in continuity.

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We, therefore. direct the Collector, Buldana and Tahsildar Buldana, to permit the respondent nos.5 and 6 to retain the land in Survey No. 469, in lieu of the land admeasuring the same area in Survey no.467 being surrendered by the respondent nos.5 and 6 in favour of the State Government. Necessary document in that regard be executed within a period of four weeks from today.

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Civil Application stands disposed of.

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JUDGEJUDGE

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sahare

Sanjay S/O Totaram Jadhao v. the District Collector, Buldana and Others

Case brief

What is this about?

What did the court decide?

Sanjay S/O Totaram Jadhao v. the District Collector, Buldana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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