The High Court dismissed a writ petition challenging the State Government's reservation of symbolically acquired land for rehabilitation of project affected persons regarding the Gunjawani and Temghar irrigation projects against the petitioners' claim for land release.
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.
KAWRE KIRAN KALYAN Digitally signed byKAWRE KIRAN KALYAN Date: 2023.12.02 12:37:18 +0530
17-WP-3647-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3647 OF 2020
Sanjay Shridhar Bendre & Ors. ...Petitioners Versus State of Maharashtra, through Secretary & Ors. ...Respondents
...Respondents
Mr. Wasim S. i/b Mr. Tejpal Ingale, for Petitioner. Ms. P. N. Diwan, AGP for State.
CORAM : G. S. KULKARNI & JITENDRA JAIN, JJ.
DATE : NOVEMBER 29, 2023.
P.C.:
for the following reliefs:
(a) Rule be issued and record and proceedings of the case from the Respondents be called for;
(b) To issue a writ of mandamus or any other appropriate writ, order or direction in the light nature of writ under article 226 of the Constitution of India;
(i) To hold and declare that, the impugned letter / communication dated 10.07.2020 of Respondent No.1 State of Maharashtra issuing directions to the Respondent No.4 Collector, Rehabilitation Pune carrying our rehabilitation of project affected persons of Gunjawani Irrigation Project on the lands of Petitioners from village Ambale, Tal. Shirur, Dist. Pune by distributing the said lands to them, although said lands are
Kiran Kawre
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17-WP-3647-2020.odt
symbolically acquired for rehabilitation of Chaskaman Irrigation Project is illegal and bad in law and in impugned letter / Communication dated 10.07.2020 be quashed and set aside;
(ii) The impugned action of the Respondents particularly the Mutation Entry No.1281 dated 31.01.1996 by putting remarks in the record of rights of the Petitioners land from village Ambale, Tal. Shirur, Dist. Pune “Reserved for Temghar Irrigation Project” also be declared as illegal and bad in law and the said Mutation Entry No.1281 dated 31.01.1996 be quashed and set aside accordingly;
(iii) The Respondents Authorities be directed to issue appropriate Notification under the law by releasing Petitioners lands from acquisition symbolically acquired by Mutation Entry No.1281 dated 31.01.1996 for rehabilitation of project affected persons of Chaskman Irrigation Project forthwith; (c) Pending the hearing & final disposal of this Writ Petition the Respondents or their Authorities be restrained by an order of injunction restraining them from carrying out rehabilitation of project affected persons of Gunjawani Irrigation Project and Temghar Irrigation project on the lands of the Petitioners from village Ambale, Tal. Shirur, Dist. Pune symbolically acquired for Chaskaman Irrigation Project.
(d) Pending the hearing & final disposal of this Writ Petition the directions under the impugned letter / communication dated 10.07.2020 of the Respondent No.1 State of Maharashtra be kindly stayed;
(e) To allow this Writ Petition with costs.
(f) To grant any other just, equitable and consequential relief in favour of the Petitioners as this Hon’ble Court may deem fit and proper.
the State Government under the provisions of the Land Acquisition Act, culminating into an award dated 7 February 1991. Also after the declaration of such award, the possession of the land was also taken over. The land has accordingly absolutely vested with the State Government.
Kiran Kawre
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Almost after 33 years of the land being acquired, the petitioners have moved this Court by the present petition.
[JITENDRA JAIN, J.]
[G. S. KULKARNI, J.]
Page 3 of 3
Kiran Kawre
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3 issues framed by the court
Whether the State Government's right to reserve symbolically acquired land for rehabilitation of project affected persons overrides the petitioners' claim to release from acquisition remarks.
Whether the impugned letter directing rehabilitation on allegedly symbolically acquired land is legal or bad in law.
Whether Mutation Entry No. 1281 reserving land for a specific irrigation project is illegal and should be set aside.
Sanjay Shridhar Bendre & Ors.
State of Maharashtra
G. S. KULKARNI
JITENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
