Bombay High Court
Nagesh @ Nagorao Shinde And ... vs The State Of Maharashtra Thr. ... on 16 August, 2017
Bench: B.P. Dharmadhikari
1608pil72.16.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
PUBLIC INTEREST LITIGATION NO.72/2016
Nagesh @ Nagorao s/o Madhavrao Shinde and another
...Versus...
The State of Maharashtra, through Secretary, Department of Revenue and
Forest, Mantralaya, Mumbai - 400 032 and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri N.B. Kalwaghe, Advocate for petitioners
Shri A.S. Fulzele, I/c G.P. for respondent nos.1 to 4
Shri H.R. Gadhia, Advocate for respondent nos.5 & 6
Shri N.S. Warulkar, Advocate for Intervenors
CORAM : B.P. DHARMADHIKARI AND
ARUN D. UPADHYE, JJ.
DATE : 16.08.2017
Heard for some time.
2. Admittedly, there are 62 encroachers on e-class land.
Efforts made and amount spent by Gram Panchayat to remove the
encroachment has not led to any permanent solution as the
encroachers have again occupied the land.
3. Admittedly, out of 62 encroachers, four persons have
been allotted their houses under Indira Awas Yojana. Others are
occupying e-class land without any right.
4. Fifteen out of them have intervened in the matter.
Effort on their part is to invite attention to Section 53 (3-A) of the
Maharashtra Village Panchayats Act.
1608pil72.16.odt
5. Respondent nos.1 to 3 are not disputing the fact of
encroachment.
6. In this situation, it is apparent that persons, who have
been allotted houses under Indira Awas Yojana, need to be
rehabilitated by providing them other alternate houses at
appropriate place, which is within four corners of law. This
exercise shall be completed by respondent nos.2, 3, 5 and 6
within six months.
7. No encroacher has paid tax since 2011. Gram
Panchayat has pointed out that when its staff went and
demanded property tax, they were threatened and made to run
away.
8. We, therefore, direct respondent nos.2 to 4 to
discontinue all civic amenities to the houses, structures of other
62 encroachers after four weeks from today.
9. We grant these 62 encroachers time of two months to
shift to other alternate place as a last chance. However, they have
to clear all property tax dues within two weeks from today. If
they do not clear tax dues, respondent no.5 and 6 along with
respondent nos.2 to 4 shall take possession and remove the
encroachment immediately after two weeks. Those who pay taxes
and clear all arrears accordingly are given time of two months
from today to shift to other alternate place.
10. Applicant Shri Govinda Dagdu Wagh in Civil
Application No.152/2017 be refunded amount of Rs.5,000/-
deposited by him with the Registry of this Court with interest, if
any, accrued upon it.
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11. As per Pursis filed vide Stamp No.9391/2017 on
2/8/2017, applicants Subhash Janardhan Shinde and Datta
Sambhaji Madekar in Civil Application No.86/2017 as also
Namdeo Ganpat Awale and Digambar Sheshrao Awale in Civil
Application No.638/2017 have deposited amount of Rs.5,000/-
each with the Registry of this Court.
12. We permit respondent nos.5 and 6 to withdraw that
amount and to appropriate it towards the tax arrears dues
recoverable from them. In case, there are no arrears to be
recovered from these persons, amenities to their structures shall
not be discontinued and they shall be given time as stipulated
supra for shifting to other alternate place.
13. We also make it clear that if any order of interim
nature prohibiting execution of direction to vacate or shift is
given by any authority (except Hon'ble Apex Court), the same
shall be ignored by the respondents.
Accordingly, we partly allow the Public Interest
Litigation and dispose it of. No costs.
JUDGE JUDGE
Wadkar
