W.P.1332-21 + Ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.1332 OF 2021

Shri Ramdas Dashrath Sontakke

And Others

…

Petitioners

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.1590 OF 2021

Shri Nitin Vasant Gore

…

Petitioner

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.1591 OF 2021

Smt. Mangal Tukaram Benke

…

Petitioner

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.1625 OF 2021

Shri Nivrutti Khanderao Waghchoure

…

Petitioner

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.1826 OF 2021

Shri Tukaram Sitaram Benke

…

Petitioner

Chittewan

1/7

RAJESH

VASANT

CHITTEWAN

Digitally signed

by RAJESH

VASANT

CHITTEWAN

Date: 2021.12.01

15:07:51 +0530

W.P.1332-21 + Ors.doc

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.1828 OF 2021

Smt. Vimal Bapuso Bhosale

…

Petitioner

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.7245 OF 2021

Shri Balasaheb Mahadu Avchite

…

Petitioner

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.7246 OF 2021

Shri Sitaram Sambhaji Benke

…

Petitioner

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.7254 OF 2021

Vitthal Ramhari Yedge

And Others

…

Petitioners

Versus

State of Maharashtra

And Others

…

Respondents

ALONG WITH

WRIT PETITION NO.7263 OF 2021

Chittewan

2/7

W.P.1332-21 + Ors.doc

Shri Namdeo Vitthal Kalbhor

…

Petitioner

Versus

State of Maharashtra

And Others

…

Respondents

…..

Mr. Sachin Deokar, for the Petitioners in all petitions.

Mr. R.S. Pawar, AGP for the Respondent-State in Writ Petition

Nos.1332 of 2021 and 1828 of 2021.

Ms. Ashwini A. Purav, AGP for the Respondent-State in Writ Petition

Nos.1590 of 201 and 7245 of 2021.

Ms. M.S. Bane, AGP for the Respondent-State in Writ Petition

Nos.1591 of 2021 and 7246 of 2021.

Ms. R.M. Shinde, AGP for the Respondent-State in Writ Petition

Nos.1625 of 2021 and 7254 of 2021.

Mr. S.L. Babar, AGP for the Respondent-State in Writ Petition

Nos.1826 of 2021 and 7263 of 2021.

..…

CORAM : PRASANNA B. VARALE AND

S.M. MODAK, JJ.

DATE : 15 NOVEMBER 2021

P. C. :

.

This is one more instance, wherein the Government Agencies

inspite of the land being reserved for project affected persons, has

not taken any further actions for long years. Ultimately, the

Petitioners are compelled to approach this court by way of Writ

Petition. Considering the limited issue involved in this petition, by

consent of both sides, we have taken up these petitions for final

hearing at the admission stage itself. The petitions be admitted.

Chittewan

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W.P.1332-21 + Ors.doc

2

Respondent Nos.2 to 6 are the Government Agencies and

Respondent No.1 is the Government. We have heard Mr. Sachin

Deokar, learned Counsel appearing for the Petitioners in all petitions

and learned respective AGPs for all Respondents.

3

It is true that land in question has been reserved for

rehabilitation of persons, affected by the project of ‘

Chaskaman’

.

The mutation entry shows that there are restrictions imposed on the

transactions to be effected in respect of land in question. The

description of the land is given in paragraph-3 of the respective

petitions. The land is situated at Village Alegaon Paga, Taluka

Shirur, District Pune. The mutation entries are of the year 1998. It

is true that for all these years, the government has not taken any

step either for purchase or compulsory acquisition of the said land.

Unnecessarily, the respective Petitioner/Petitioners are put to

restraint from dealing with the land in question. It certainly violates

the rights guaranteed under Article 300A of the Constitution of

Ind