Kailas Gajanan Somase and Ors. v. the State of Maharashtra Thr Its Chief Secretary and Ors.
Case brief
What is this about?
Encroachment removal from Government gairan land; Public Interest Litigation; Article 226 writ proceedings; encroachment as question of fact not determinable summarily; Grampanchayat competent authority; directions for notice, survey and hearing; removal within four months if Government land; police assistance assured; village Dongargaon, Tq. Yeola, Dist. Nashik; gut No.13; 8.09 hectors; Kailas Gajanan Somase v. State of Maharashtra; Bombay High Court; writ petition disposed; no opinion on merits.
What did the court decide?
Directions to the competent authority of the Grampanchayat to issue notice to occupants, conduct a survey, afford opportunity of hearing, and, if the land is found to be Government land, ensure removal of encroachments within four months; aggrieved persons left free to seek available legal remedies. ¶¶33