Remanded

Pundlikrao Aapparao Danave and Others v. the State of Maharashtra and Others

Bombay HC3 Sept 2019WP/1459/2018

Case brief

AI extract

What is this about?

The High Court directed respondents to initiate acquisition proceedings via private negotiation within four months regarding affected lands. If negotiations fail, formal acquisition proceedings must be started immediately under the law.

What did the court decide?

Private negotiation directed within four months; failure to do so mandates initiation of formal acquisition proceedings immediately.

Pundlikrao Aapparao Danave and Others Vs the State of… — Land Acquisition | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1459 OF 2018

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PUNDLIKRAO AAPPARAO DANAVE AND OTHERS
VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners : Mr. Lute Sandeep N.
AGP for Respondents No. 1 to 3 : Mr. V. M. Kagne
Advocate for Respondent No. 4 : Mr. B. B. Kulkarni

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WITH

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WRIT PETITION NO. 1465 OF 2018

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AJINATH SHEMPHAD GADEKAR AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners : Mr. Lute Sandeep N.
AGP for Respondents No. 1 to 3 : Mr. V. M. Kagne
Advocate for Respondent No. 4 : Mr. B. B. Kulkarni
...

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CORAM: S. V. GANGAPURWALA & ANIL S. KILOR, JJ. DATE: 03rd SEPTEMBER, 2019

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PER COURT:

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1.Mr. Lute, learned counsel for the petitioners

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submits that without resorting to the acquisition

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proceedings the respondents have carried out the

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work of road widening. The respondents could not

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have deprived the petitioners of their right to
property without due process of law. The
acquisition proceedings ought to have been
initiated.

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2.Mr. Kulkarni, learned counsel for respondent

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no. 4 submits that the lands of some of the

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petitioners are affected in straightening the
road. The Bhokardan – (Kumbhari Phata) – Hasnabad
– Jawkheta – Rajur – Deoulgaon Raja road is part
of newly declared National Highway No. 753.

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3.Paragraph no. 7 of the affidavit filed by the
Executive Engineer, National Highway Division,
Aurangabad reads thus -

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“7) At few places and villages, land acquisition is required to make road straight and as per MORT&H'S geometrical norms Land Acquisition process has been initiated and being carried as private negotiation as per the State Government circular no. LQN1/2017/case no 12/A – 2 Dated 25 Jan 2017. I say & submit that all the work currently going on at the site within the existing Right Of Way (ROW) & no land will be acquired without following due process of Law. Copy of latter Dated 23/06/2017 to District Collector Jalna is annexed herewith & marked as Exhibit R/C

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As the work of construction of road is being carried out within the available ROW only (for Straight road alignment) so question of Land Acquisition does not arise for this portion. As per Bombay Highway Act 1955 clause no. 20, the land (Being used for state highway and now upgraded as National Highway) already in possession of Government and being used for highway purpose will be assumed as the property of government.

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As per state government circular no.LQN1/2017/case no 12/A- 2 Dated 25 Jan 2017 private negotiation process has been initiated for the locations required. Land acquisition (L.A.) list has been attached separately & marked as Exhibit R/D. I further say that Execution of road construction work is being carried out in available ROW only. As the work is being carried out in available ROW only, the claim of petitioner does not arise.”

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4.It is not disputed by the respondents that
gut numbers of some of the petitioners are
affected. According to Mr. Lute, learned counsel
for the petitioners, the gut numbers of some of
the petitioners are mentioned by the respondents.

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The gut numbers admittedly affected in the
construction of the road are the Gut Nos. 19, 99,
135, 136, 138, 139 and 144 of Jawkheda Khurd in
Writ Petition No. 1459 of 2018, and Gut Nos. 58,59

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and 62 of village Kota Dhabhadi and Gut No. 178 of

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village Pimpalgaon Shermulki as per the affidavit
filed by the respondent. The respondent intends to
engage in private negotiation with those land
holders.

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5.The affidavit is filed on 16.02.2018. Even as
per the respondents case as yet even private
negotiation has not been entered into with the
persons whose gut numbers are affected, we direct
that the respondents may explore the possibility
of acquisition by private negotiation within a
period of four (04) months from today in respect
of gut numbers which are admitted by them to be
affected in straightening the road, and if within
four (04) months the private negotiations do not
fructify, then the respondents shall initiate
acquisition proceedings in accordance with the
provisions of law immediately thereafter.

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6.As far as the other gut numbers are

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concerned, the petitioners may get their lands
measured or may ask for the joint measurement of

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the lands, and depending upon the report of the
joint measurement further steps be taken by the
parties.

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7. Writ Petitions stand disposed of accordingly.

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No costs.

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[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.]

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marathe

Pundlikrao Aapparao Danave and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Pundlikrao Aapparao Danave and Others v. the State of Maharashtra and Others

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

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