Surekha Jagannath Kharat vs The State Of Maharashtra And ...
2021 Latest Caselaw 13262 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                   WRIT PETITION NO.12879 OF 2016

             TRIMBAK PANDHARINATH KAPARE
                        VERSUS
        THE STATE OF MAHARASHTRA AND ANOTHER

                               AND
                   WRIT PETITION NO.12890 OF 2016

              SUREKHA JAGANNATH KHARAT
                        VERSUS
        THE STATE OF MAHARASHTRA AND ANOTHER

                                    ...
            Advocate for the Petitioners : Shri Thombre S.S.
             AGP for Respondent 1 : Shri S.B. Pulkundwar
              ASGI for Respondent 2 : Shri A.G. Talhar
                                    ...

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

DATE :- 16th September, 2021

Per Court :-

1. Vide order dated 05.01.2017, this Court has

protected the petitioners by directing that the petitioners shall not

be dispossessed till the next date in the matter. The issue is about

laying of a road viz. National Highway No.222 (Tisgaon-

Pathardi- Kharwandi- Midsangavi- Padalsingi Road - State

Highway No.144).

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2. Since the public project has to be completed without

delay and as the rights of the petitioners to the extent of the lands

that they hold, cannot be compromised and the said lands could

be acquired by following the due process of law, we have heard

the extensive submissions of the learned advocates for the

respective sides.

3. The learned ASGI submits that an affidavit in reply

has been filed. The work of widening of the existing road has

been undertaken on National Highway No.222. He points out the

colour photographs appended to his affidavit in reply.

4. We find from the photographs that the existing road

has a very narrow width and the purported widening of the road

is more than two times of the existing width of the road. In view

of Article 300-A of the Constitution of India, we cannot ignore

the rights of the petitioners if the lands are to be utilized for

laying of the said road as per the project of the respondents. At

the same time, the public project cannot be stalled in the light of

catena of judgments delivered by the Honourable Supreme

Court.

5. In view of the above, these Writ Petitions are partly

allowed in the following terms :-

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               (a)      The public project of laying the road on National

Highway No.222 (Tisgaon- Pathardi- Kharwandi- Midsangavi-

Padalsingi Road - State Highway No.144), shall be completed.

(b) In the event, the lands to which the petitioners have

right, title and interest, are to be utilized for such laying of the

road, which is being purportedly termed as road widening

project, they shall not be dispossessed without following the due

process of law.

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