Advocates:
['BHOSLE PRATIK A', 'AGP', '', '', '', '', 'R No is served', 'ADV S V ADWANT', 'AND']

1 Pil 56.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

PUBLIC INTEREST LITIGATION NO. 56 OF 2020

Jayshri Ravi Sabu through

registered GPA holder

Rajesh Bhagwandas Soni and others

.. Petitioners

Versus

The State of Maharashtra and others

.. Respondents

Shri V. D. Sapkal, Senior Advocate i/by Shri Pratik A. Bhosle,

Advocate for Petitioners.

Shri A. R. Kale, A.G.P. for Respondent Nos. 1, 2, 4 and 5.

Shri S. V. Adwant, Advocate for Respondent Nos. 3, 6 and 7.

CORAM :

S. V. GANGAPURWALA AND

SHRIKANT D. KULKARNI, JJ.

CLOSED FOR ORDER ON

:

02.03.2021

ORDER PRONOUNCED ON :

23.04.2021

FINAL ORDER (Per S. V. Gangapurwala, J.) :-

.

The petitioners assail the notification dated 20th August,

2020 thereby proposing to acquire the lands in Nidhona village,

Dist. Jalna for construction of interchange to Maharashtra

Samruddhi Highway. The petitioners also seek directions

against the respondents to proceed ahead with the earlier

notification dated 02nd May, 2017 proposing construction of

interchange at village Gundewadi, Dist. Jalna. The petitioners

also seek enquiry into the affairs of the respondent authorities

responsible for changing the spot of interchange. The

2 Pil 56.20

petitioners are the owners of lands in the village where initially

interchange was to be constructed as per the notification dated

02nd May 2017. The site for interchange on the Samruddhi

Highway has been changed under the impugned notification.

02.

Mr. Sapkal, the learned senior advocate for petitioners

strenuously contends that, the Samruddhi Highway is for

boosting agricultural economy. Under notification dated 02nd

May, 2017, the interchange at village Gundewadi was proposed.

It has various benefits. The said spot is in the vicinity to

market yard of Agricultural Produce Market Committee (APMC)

and agro based industries. The other benefits of interchange at

village Gundewadi also exist, such as connectivity to other State

Highways that can ensure joining Samruddhi Highway with

other districts through which it does not pass. The cost of

acquisition per hector of land in village Gundewadi is

approximately Rs. 1.11 Crores. However, the Maharashtra State

Road Development Corporation (for short "MSRDC") wants to

construct interchange as per new design in 25 hectors, then it

would cost Rs. 28.00 crores for acquisition and Rs. 73.00 crores

for construction thereby increasing the cost.

03.

The learned senior advocate further submits that, the new

notification dated 20th August, 2020 for constructing

interchange at village Nidhona is not feasible and it is published

by tweaking the procedure. The explanation given by the

MSRDC that it is beneficial for connecting Dry Port to

Samruddhi Highway and that the new interchange is close from

3 Pil 56.20

M.I.D.C. cannot be accepted. Prior to publication of the

impugned notification U/Sec. 15(2) of the Maharashtra

Highways Act, joint measurement survey (JMS) U/Sec. 16 of the

Maharashtra Highways Act was conducted. After conducting

the JMS, the Government machinery were certain that the lands

which it intends to acquire are actually capable of being

acquired. However, it published the impugned notification.

Same is contrary to the scheme of the Highways Act, 1955. The

work of erection of pillars is in progress, even before publication

of the impugned notification. This shows the haste on the part of

the respondents. The area, because of the change in the

interchange comes in industrial zone and the cost of acquisition

is Rs. 03.00 crores per hector. Even as per the MSRDC, it is

much more than the cost of acquisition of the land in village

Gundewadi.

04.

The learned senior advocate further submits that, the

impug