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2020 Supreme(Bom) 356

S.V.GANGAPURWALA, SHRIKANT D.KULKARNI
Syed Salim S/o Syed Jakir – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Sambhaji S. Tope.
For the Respondents: Shri S.G. Karlekar, Shri S.B. Ghatol Patil.

JUDGMENT :

S.V. GANGAPURWALA, J.

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. All these writ petitions are based on common set of facts and involve similar issues. To avoid rigmarole are decided by common judgment.

3. The petitioners seek restraint order against the respondents from taking over the possession of the lands without following due procedure of law and payment of compensation.

4. The petitioners contend that the respondents have undertaken work of state road viz. Badnapur-Nanegaon-Jamkhed, Jalna-Ghansawangi and so on. The stand of the respondents appear to be that in the year 1971-72, 10 meter wide road was constructed under Employment Guarantee Scheme (for short “E.G.S.”). The said road is shown as Government track. Now only improvement of the road already in existence is being done. The same is done within the Right of Way (ROW) available under P.W.D. The same is 07 meter carriage way plus 2.5 meters side shoulder in addition to the slope on either side extending to 16 meter.

5. Mr. Tope, the learned counsel for petitioners in Writ Petition No. 4717 of 2019 has canvassed the load arguments. Mr. More, Mr. Pahune Patil, M

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