The Court disposed of three writ petitions wherein petitioners challenged State authorities constructing roads on their lands without acquisition proceedings. The Court directed the officials to decide pending representations within four weeks.
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.
1 wp 2859.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 2859 OF 2021
Bhagwat Kondiba Khedkar and others .. Petitioners Versus The State of Maharashtra and others .. Respondents
AND
WRIT PETITION NO. 2884 OF 2021
Arjun Sukhdeo Khedkar and others .. Petitioners Versus The State of Maharashtra and others .. Respondents
AND WRIT PETITION NO. 3168 OF 2021
Shivaji Laxman Nimbalkar and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Shri Shashikant E. Shekade, Advocate for Petitioners in all matters.
Shri A. R. Kale, A.G.P. for Respondent Nos. 1, 2, 6 to 8 in W. P. No. 2859 of 2021 and W. P. No. 2884 of 2021.
Shri A. B. Dhongade, Advocate for Respondent Nos. 3 to 5 in W. P. No. 2859 of 2021 and W. P. No. 3168 of 2021.
Shri R. B. Bhosale, Advocate for Respondent Nos. 3 to 5 in W. P. No. 2884 of 2021.
Shri K. N. Lokhande, A.G.P. for Respondent Nos. 1, 2, 6 to 8 in W. P. No. 3168 of 2021.
CORAM : S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ. DATE : 17TH FEBRUARY, 2021.
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FINAL ORDER :
. Mr. Shekade, the learned advocate for petitioners submits that, without initiating acquisition proceedings, the respondents are constructing the road from the lands of the petitioners. According to the learned counsel, since the year 2018 representations are given by the petitioners, however, no cognizance is taken and now respondents want to dispossess the petitioners from their legitimate possession of land.
3 wp 2859.21
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
bsb/Feb. 21
2 issues framed by the court
Whether respondents can construct road on petitioners' land without initiating acquisition proceedings given pending representations.
Whether the respondents must decide pending representations from petitioners.
Bhagwat Kondiba Khedkar and others
Arjun Sukhdeo Khedkar and others
Shivaji Laxman Nimbalkar and others
The State of Maharashtra and others
S. V. Gangapurwala
Shrikant D. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
