Allowed

Shri Ramlinga Sidhram Kavchale v. State of Maharashtra and Ors.

Bombay HC18 Oct 2019PIL/202/2016

Case brief

AI extract

What is this about?

A PIL petition challenging encroachment on village land classified as Gairan. The court directed the respondent authorities to ensure repossession by the Gram Panchayat and removal of encroachers, with supervision by the Collector.

What did the court decide?

Direct the 2nd Respondent to ensure the Gram Panchayat repossesses the land from encroachments. Direct the Collector to remove encroachers. Mandate that if the Gram Panchayat does not act, steps for i

Shri Ramlinga Sidhram Kavchale Vs State… — Constitutional and Fundamental Rights | Bombay HC (2019)

¶1

(11)-PIL-202-16.doc .

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

Digitally signed by BalajiG. Balaji G.PanchalDate: Panchal 2019.10.1814:10:21 PUBLIC INTEREST LITIGATION NO.202 OF 2016 +0530

¶4

Shri. Ramlinga Sidhram Kavchale ..Petitioner Versus

¶5

State of Maharashtra & Ors. ..Respondents

¶6

Mr. S. G. Deshmukh i/by Mr. R. A. Shelke, Advocate for the Petitioner.

¶7

Ms. Nisha Mehra, AGP for Respondent – State. Mr. Vijay Killedar, Advocate for Respondent Nos.3 to 5.

¶8

CORAM : PRADEEP NANDRAJOG, C.J. & M. S. KARNIK, J. DATE : 18^th OCTOBER, 2019

¶9

P.C.

¶10

1] Reply has not been filed to the Petition till date.

¶11

2] The grievance in the Petition is to encroachment on land comprised in Gat No.43 from village Borale, Taluka Mangalwedha, District Solapur recorded in the revenue record as Gairan land i.e. to be used for the community of the villagers. As per the decision dated 28^th January 2011 in Civil Appeal No.1132/2011 Jagpal Singh & Ors. Vs. State of Punjab & Ors. village land cannot be permitted to be appropriated by individuals.

¶12

3] Exh.E filed with the Petition would show that on 31^st May 2007 the Gram Panchayat passed a resolution that the land be made BGP. 1 of 2

¶13

(11)-PIL-202-16.doc .

¶14

free from encroachments. In spite thereof, no action has been taken by the Gram Panchayat to repossess the land. Exh.G to the Petition would show that on 17^th November 2011 the Block Development Officer had called upon the Sarpanch to ensure that the encroachment is removed and the land is taken possession of.

¶15

4] Averments in the Public Interest Litigation not being traversed, we dispose of the same directing the 2^nd Respondent to ensure that the Gram Panchayat repossesses the land and if the Gram Panchayat does not do so, action as per law for supersession of the Gram Panchayat be initiated and simultaneously the Collector would ensure that the encroachers are removed from the land.

¶16

5] Mandamus be complied within twelve weeks from today.

¶17

M. S. KARNIK, J CHIEF JUSTICE

¶18

BGP. 2 of 2

Shri Ramlinga Sidhram Kavchale v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shri Ramlinga Sidhram Kavchale v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Girni Kamgar Karmchari Niwara and Kalyankari Sangh, through Its Secretary, Hemant B. Raul Vs the State of Maharashtra, through the Chief Secretary, Govt. of Maharashtra and 4 Ors.

Sachin Sumant Chavan Vs the State of Maharashtra and 2 Others

Pradeep Govind Bhalekar Vs the Ministry of Environment and Forests (Moef) and Ors.

Prashant Jayram Jadhav Vs Municipal Corporation of City of Thane and Ors.

Sanjay Pandurang Ghadigaonkar Vs the State of Maharashtra and Ors.

Sanjiv Chimbulkar Vs the State of Maharashtra and Ors.

Jagannath Narsimal Naidu Vs State of Maharashtra, through Secretary, Urban Development Dept and Ors.

Mr. Vijay Jagganath Mane Vs the State of Maharashtra and Ors.

Mrs. Priyanka Ganesh Pawar Vs Mr. Ganesh Laxman Pawar

Larsen and Toubro Limited L and T House, N.M. Marg, Ballard Estate, Mumbai- 400001 Vs Ms. Rekha Sinha

Mrs. Zaphia D'Silva Vs Mrs. Sheldon Rohan Michael D'Silva S/O. Alex D'Silva

Miss Vidya Chandrashekhar Gunake Assistant Teacher, and Ors. Vs Mr. P. S. Kawathe, the Division Deputy Commissioner and Anr.

Shri Ramlinga Sidhram Kavchale Vs State of Maharashtra and Ors.

Miss Vidya Chandrashekhar Gunake Assistant Teacher, and Ors. Vs Mr. P. S. Kawathe, the Division Deputy Commissioner and Anr.