This PIL challenged land acquisition notifications for road construction. The court found the matter academic as work was completed and compensation awarded, and disposed of the petition without further order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
42.13pil
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.42 OF 2013
| 1. | Nandu Bhimrao Patil, Age: 50 years, Occu: Agriculture, R/o: Krishipasad Bungalow, Mohadi Road, Near Old water Tank, Dhule, Tq. & Dist. Dhule |
|---|---|
| 2. | Subhash Bhavarlal Kotecha, Age: 47 years, Occu: Business, R/o. 384, Lane No.7, Subhash Nagar, Junay Dhule, Dhule-1 ..PETITIONERS |
| VERSUS | |
| 1. | Union of India, Road Transport and Highways Department, Through Secretary, New Delhi |
| 2. | G. M. (T) and Project Director, Project Implementation Unit, Dhule, Survey No.10/2, Plot No.11, Mansaram Nagar, Sakri Road, Dhule, Tq. & Dist. Dhule |
| 3. | Competent Authority, Land Acquisition NH-6, Deputy Collector, Land Acquisition (General), Collector Office, Dhule |
| 4. | The State of Maharashtra, Through the Collector, Dhule |
| 5. | The Project Manager, L&T-GEHL, Mansaram Nagar, Near Circuit House, Sakri Road, Dhule ..RESPONDENTS |
42.13pil
(2)
Mr S. P. Brahme, Advocate for petitioners; Mr A. B. Dhongade, Standing Counsel for respondent No.1; Mr D. S. Manorkar, Advocate on behalf of M/s M. V. Kini & Co. for respondent No.2; Mr S. P. Sonpawale, A.G.P. for respondents/State
CORAM : PRASANNA B. VARALE AND
AVINASH G. GHAROTE, JJ.
DATE : 21st September, 2019
ORAL ORDER:
Heard Mr Brahme, learned Counsel appearing on behalf of the petitioners.
acquired.
(3)
42.13pil
civil applications, if any, and the same are also disposed of accordingly.
(AVINASH G. GHAROTE, J.) (PRASANNA B. VARALE, J.)
sjk
1 issue framed by the court
Whether the petition challenging land acquisition notifications is maintainable after the acquisition and compensation have been completed.
Nandu Bhimrao Patil
Subhash Bhavarlal Kotecha
Union of India
The State of Maharashtra
Prashanna B. Varale
Avinash G. Gharote
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
