Dismissed

Gram Panchayat Shivade, through the Authorised Persons v. Authorised Officer, Mumbai Nagpur Super Express Highways @ Sub- Divisional Officer and Ors.

Bombay HC12 Jul 2018WP/11329/2017

Case brief

AI extract

What is this about?

The Bombay High Court dismissed multiple writ petitions filed by a Gram Panchayat challenging land acquisition for a super expressway. The court held the petitions were not maintainable because the Gram Panchayat was not the owner of the land and lacked locus standi.

What did the court decide?

All petitions dismissed on the ground of locus.

Gram Panchayat Shivade, through the Authorised Persons Vs Authorised Officer, Mumbai Nagpur Super Express Highways @ Sub- Divisional Officer and Ors. — Bombay HC (2018) — LawSathi Research

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(908)wp-11326-2017.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.11326 OF 2017

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Gram Panchayat Taloshi vs. Authorized Officer, Mumbai-Nagpur Super Express Highway & Ors.

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..Petitioner

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..Respondents

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WITH WRIT PETITION NO.11329 OF 2017 WITH WRIT PETITION NO.11324 OF 2017 WITH WRIT PETITION NO.2113 OF 2018 WITH WRIT PETITION NO.11282 OF 2017 WITH WRIT PETITION NO.11283 OF 2017 WITH WRIT PETITION NO.11284 OF 2017 WITH WRIT PETITION NO.11286 OF 2017 WITH WRIT PETITION NO.11325 OF 2017 WITH WRIT PETITION NO.11327 OF 2017 WITH WRIT PETITION NO.11334 OF 2017 WITH WRIT PETITION NO.11335 OF 2017 WITH WRIT PETITION NO.11337 OF 2017

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(908)wp-11326-2017.odt

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WITH WRIT PETITION NO.11338 OF 2017 WITH WRIT PETITION NO.11339 OF 2017 WITH WRIT PETITION NO.11340 OF 2017 WITH WRIT PETITION (STAMP) NO.16592 OF 2017 WITH WRIT PETITION (STAMP) NO.16598 OF 2017 WITH WRIT PETITION (STAMP) NO.16645 OF 2017 WITH WRIT PETITION (STAMP)NO.16885 OF 2017 WITH WRIT PETITION (STAMP)NO.16886 OF 2017 WITH WRIT PETITION NO.16912 OF 2017

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Mr.Rameshwar N. Gite, for the Petitioner in all mattes. Mrs.Pushpalata N Diwan, AGP for Respondents.

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CORAM : K. K. TATED, & B.P.COLABAWALLA, JJ.

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DATE : 12TH JULY, 2018

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P.C. :

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Heard learned counsel for parties. All these Petitions have been filed by Gram Panchayat on behalf of affected Agriculturists under Article 226 of the Constitution of India, challenging acquisition of their lands for development of Nagpur-Mumbai Super Communication Expressway.

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(908)wp-11326-2017.odt

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2 All these Petitions are filed by Gram Panchayat, who is not the owner of any of the agricultural land. Hence, all these Petitions are not maintainable on the ground of locus. Hence, the order :

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ORDER

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1 All the above mentioned Petitions stand dismissed on the ground of locus.

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2 It is clarified that individual land holders, if they so desire are free to challenge the acquisition proceedings, which shall be decided on its own merits and in accordance with law.

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3 No order as to costs.

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(B.P.COLABAWALLA, J.) (K. K. TATED, J.)

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Gram Panchayat Shivade, through the Authorised Persons v. Authorised Officer, Mumbai Nagpur Super Express Highways @ Sub- Divisional Officer and Ors.

Case brief

What is this about?

What did the court decide?

Gram Panchayat Shivade, through the Authorised Persons v. Authorised Officer, Mumbai Nagpur Super Express Highways @ Sub- Divisional Officer 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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