Advocates:
['PALODKAR DEVDATT P', 'COPY SERVED ON GP', '', 'AGP', 'R/ TO SERVED', 'V P NARWADE AND V S KALA', 'KSHIRSAGAR GAJANAN K', 'SANGLE SHIRISH G']

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 6800 OF 2019

Shivaji Daulatrao Budhal and Ors.

..Petitioners

V/s.

The State of Maharashtra and Ors.

..Respondents

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Mr. Devdatt Palodkar for the Petitioner.

Ms. Vaishali Patil-Jadhav, AGP for Respondent No.1 to 5/State.

Mr. S.G. Sagle for Respondent No. 6.

Mr. V.P. Narwade for Respondent No.8.

Ms. Aarti Bhagwat h/f Mr. G.K. Kshirsagar for Respondent No.9.

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CORAM : C.V. BHADANG &

SANDIPKUMAR C. MORE, J.J.

RESERVED ON : 27 JUNE 2022

PRONOUNCED ON : 20 AUGUST 2022

(Signed judgment is pronounced by Sandipkumar C. More, J. as

per clause (i) of Rule 1 of Chapter XI of Bombay High Court

Appellate Side Rules, 1960 as C.V. Bhadang, J. is sitting at

Mumbai)

JUDGMENT (PER : C.V.BHADANG, J.)

.

By this petition, under Article 226 of the Constitution

of India, the petitioners are challenging communication dated

20.3.2019 issued by the Respondent no 6- Executive engineer

Minor Irrigation Aurangabad and the communication dated

13.5.2019 issued by respondent No. 8 Village Panchayat

Savaladbara, Taluka Soyegaon, District Aurangabad.

Sneha Chavan

1/7

SNEHA

NITIN

CHAVAN

Digitally signed

by SNEHA

NITIN CHAVAN

Date: 2022.08.20

11:53:16 +0530

2.

The agricultural lands of the petitioners were acquired

for the purpose of construction of a Storage Tank at Savaladbara

which is stated to be almost complete. As the construction of the

tank had caused obstruction/disturbance of approach roads two

alternate roads have been provided by the acquiring body to the

agriculturist. However, certain agriculturists started demanding

additional approach roads through part of the land which was

acquired for the purpose of the construction of the storage Tank.

On 13.3.2019, respondent No.6 communicated to the respondent

No. 9 that the demand for construction of an additional road is

not technically feasible. However, shortly thereafter the sixth

respondent indicated the respondent No 9 and others that after

the model code of conduct for the 2019 parliamentary elections,

ceases, an approach road will be provided through the acquired

lands. According to the petitioners, this second communication

and the change of stand by the sixth respondent is under political

pressure. It is contended that the road cannot be constructed

through the lands in view of the provisions of Section 99 of the

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 ( ‘2013

Act’ for short) as it entails change of user.

3.

The contesting respondent Nos. 6 and 9 have filed

their affidavits in reply and have resisted the petition.

4.

Mr. Dhananjay Garje, Deputy Executive Engineer

Sneha Chavan

2/7

Minor Irrigation Division Aurangabad has filed a reply. It is

contended that the construction of the Savaladbara Storage Tank

was completed in June 2019 A decision to lay a road connecting

old Savaladbara to Jaicha Dev under the Palak Mantri Panand

Road Scheme was taken after evaluation of the technical feasibility

as the existing roads were submerged due to construction of the

storage Tank. The respondent village Panchayat had passed a

resolution on 5.5.2018 and 13.1.2019 which was forwarded by the

second respondent for necessary action on 18.4.2019. The

superintending Engineer, Aurangabad had directed a survey being

conducted and to prepare estimates. It is contended that the

inspection notes dated 23.10.2020 and 25.3.2020 recorded a

consistent demand by the agriculturists for a road which is being

constructed through the land already acquired without any

necessity to acquire any additional land. It is submitted that the

decision was taken after a joint inspection conducted by the

Tahsildar Soygaon and the officers of the Irrigation Department

and discussion with the Collector. It is submitt