Vishnu Babasaheb Londhe And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 16210 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                        WRIT PETITION NO.6159 OF 2020

                VISHNU BABASAHEB LONDHE AND OTHERS
                               VERSUS
                THE STATE OF MAHARASHTRA AND OTHERS


Mr.S.S.Tope, Advocate for the petitioners.
Mr.S.B.Yawalkar, AGP for respondent Nos. 1 to 5 and 7.

Mrs.Sudha Chintamani, Standing Counsel for respondent No.6. Mr.S.S.Patil, Advocate for respondent No.8.

( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ)

DATE : NOVEMBER 23, 2021

PER COURT :

1. By this petition, the petitioners have put forth prayer clauses B &

C as under :-

"B. By issuing the writ of mandamus or any other writ in the like nature, this Hon'ble Court may kindly direct the respondent authorities, not to take the forceful possession of the land of the petitioners for road widening without compensation and without following due process of law of land acquisition.

C. By issuing the writ of mandamus or any other writ in the like nature, this Hon'ble Court may kindly direct the respondent

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authorities, to stop the road widening work of Jalna-Rohanwadi- Talegaon-Ghansawangi (SH-26) to the extent of lands of petitioners i.e. villagers of Talegaon and immediately take appropriate action for compensation against taking possession of the land to the petitioners."

2. It is pointed out that a Co-ordinate Bench of this Court has

delivered a judgment on 30/04/2020 in WP No.4717/2019 (connected

petitions). The same order needs to be passed in this petition.

3. The learned AGP and the learned Advocate for respondent No.8,

confirm the said statement.

4. In view of the above and for the reasons set out in the judgment

dated 30/04/2020, in WP No.4717/2019, this writ petition is partly

allowed with the same directions set out in paragraph no.23, which

read as under :-

"23. The respondents are allowed to carry out the work on writ road to the extent of 10 meter wide plus one meter on either side i.e. 12 meter wide. The respondents shall not carry out construction of writ road beyond 12 meter without following due procedure of Law. The respondents int hat case shall acquire the affected property from the legitimate owner in khs/Nov. 2021/6159

accordance with the provisions of Law or by private negotiations."

( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. )

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