The High Court directed the State and Zilla Parishad to jointly inspect Government land, re-fix boundaries, and address unauthorised temple and civil structures within four months.
Directed State and Zilla Parishad to inspect land, re-fix boundaries, and measure area within four months.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 144 OF 2014
Raosaheb T. Varade and anr. .. Petitioners V/s. Tatyasaheb S. Varade and ors. .. Respondents.
Mr. Sachin Pande for the Petitioners. Mr. Ajay A. Joshi for Respondent No.1. Mr. Vijay Killedar for Respondent Nos.2 to 4. Mr. A.B. Vagyani, GP a/w. M.M. Pabale, AGP for the Respondent No.5-State.
CORAM: DR. MANJULA CHELLUR, C.J. & M.S.SONAK, J. DATE : 18 NOVEMBER 2016.
P.C.
1] Though the petitioners have come before us mainly aggrieved by the construction of RCC building by 1st respondent occupying some portion of the land belonging to the Government, we note from the avermnets in the writ petition that the villagers have constructed Vitthal-Rukmini temple on a piece of land belonging to the Government by collecting donation said to be without any permission from any authority whatsoever for constructing the temple. In all probability, the grievance of the petitioners seems to be that building of the 1st respondent next to the premises of the temple or the open area where certain religious activities said to be carried on the temple has come in the way of the activities of the temple. If the petitioners intend to take suitable action to remove unauthorised construction said to have
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been put up by 1st respondent and even the construction put up by the villagers in the name of temple unauthorisedly, has to be looked into by the concerned authorities. It is left to the authorities either to ratify the action of the villagers or take suitable action for removing the unauthroised construction as the case may be. However, both the constructions of the temple said to have been put up in 2012 and the building put up by the 1st respondent have to be taken into consideration vis-a-vis whether they are part of the Government land, in which the survey number they come and what would be the boundary of the land to be fixed after conducting a proper survey. Both the State and the Zilla Parishad combinely shall carry out the inspection with the assistance of the records concerned and after re-fixing the boundaries of the land and by measuring the land, they shall proceed in accordance with the procedure contemplated in the light of the above directions within four months from today.
2] With the above directions, the PIL is disposed of.
( CHIEF JUSTICE)
(M.S.SONAK, J.)
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2 issues framed by the court
Whether the High Court should direct authorities to inspect land boundaries regarding unauthorised constructions on Government land.
Whether the State and Zilla Parishad are directed to re-fix land boundaries and measure the land within four months.
Raosaheb T. Varade
Tatyasaheb S. Varade
Respondents 2 to 4
State
DR. MANJULA CHELLUR
M.S. SONAK
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
