Bombay High Court
Pandurang Sakharam Nikam And ... vs The State Of Maharashtra And ... on 20 January, 2022
Bench: S.V. Gangapurwala, R. N. Laddha
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4022 OF 2019
01. Pandurang S/o. Sakharam Nikam, ...PETITIONERS
Age : 60 years, Occu : Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
02. Hanumant Vishwanath Patil,
Age : 80 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
03. Vishnu Ganpati Babar,
Age : 65 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
04. Laxman Satish Ghodke,
Age : 22 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
05. Shivaji S/o. Datta Ghodke,
Age : 20 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
06. Vijaykumar S/o. Tulshiram Bandhichod,
Age : 27 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
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07. Archana Deepak Ghodke,
Age : 30 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
08. Shivram Shamrao Landage,
Age : 30 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
09. Tanaji S/o. Digambar Banchere,
Age : 25 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
10. Mhalu S/o. Tulshiram Halkambe,
Age : 30 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
11. Bhimrao S/o. Apparao Landage,
Died Through L.Rs.
Haridas S/o. Bhimrao Landage,
Age : 38 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
12. Nitin S/o. Ashok Chavan,
Age : 35 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
13. Machhindra S/o. Namdev Banchere,
Age : 45 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
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Dist. Osmanabad.
14. Chandrakant S/o. Gendev Banchere,
Age : 60 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
15. Shrimant S/o. Ramchandra Fadtare,
Age : 73 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
16. Santosh S/o. Dadasaheb Shirke,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
17. Shivshankar S/o. Shanmukhappa Virajan,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
18. Kasturabai Anantrao Bhosale,
Age : 75 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
19. Parvati Pandit Nikam,
Age : 45 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
20. Shivram S/o. Mahadev Nikam,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
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Dist. Osmanabad.
21. Dilip S/o. Tukaram Nikam,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
22. Narsing S/o. Krushna Nikam,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
23. Ashok S/o. Shankar Ghorpade,
Age : 35 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
24. Vitthal S/o. Sakharam Nikam,
Age : 65 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
25. Rajendra S/o. Bhanudas Patil,
Age : 60 years, Occu. Agri,
R/o. Wagdari, Tq. Tuljapur,
Dist. Osmanabad.
26. Tulshiram Maruti Survase,
Age : 58 years, Occu. Agri,
R/o. Wagdari, Tq. Tuljapur,
Dist. Osmanabad.
27. Mahadev Shankar Birajdar,
Age : 57 years, Occu. Agri,
R/o. 101, Kranti Chowk, Wagdari,
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Tq. Tuljapur, Dist. Osmanabad.
28. Prabhakar Shankar Birajdar,
Age : 46 years, Occu. Agri,
R/o. Wagdari, Tq. Tuljapur,
Dist. Osmanabad.
29. Dnyanoba Madhav Survase,
Age : 70 years, Occu. Agri,
R/o. Wagdari, Tq. Tuljapur,
Dist. Osmanabad.
30. Jitendra Suresh Patil,
Age : 31 years, Occu. Agri,
R/o. Wagdari, Tq. Tuljapur,
Dist. Osmanabad.
31. Ganpati Baburao Survase,
Age : 53 years, Occu. Agri,
R/o. Wagdari, Tq. Tuljapur,
Dist. Osmanabad.
32. Nilkanth Haridas Patil,
Age : 51 years, Occu. Agri,
R/o. Wagdari, Tq. Tuljapur,
Dist. Osmanabad.
33. Shivaji Narayanrao Varhade,
Age : 69 years, Occu. Agri,
R/o. Vyas Nagar, Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
34. Venkat Haridas Patil,
Age : 50 years, Occu. Agri,
R/o. Wagdari, Tq. Tuljapur,
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Dist. Osmanabad.
35. Sardarsingh Ramsingh Thakur,
Age : 52 years, Occu. Agri,
R/o. Shastri Chowk, Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
36. Shivaji Narendra Choudhari,
Age : 64 years, Occu. Agri,
R/o. Vyas Nagar, Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
37. Sharad Digambarrao Potdar,
Age 62 years, Occu. Agri,
R/o : Shastri Chowk, Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
38. Pratapsingh @ Shankarsingh Ramsingh Thakur,
Age : 64 years, Occu. Agri,
R/o. Shastri Chowk, Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
39. Pramilabai Dharmsingh Thakur,
Age : 73 years, Occu. Agri,
R/o. Maharana Pratap Chowk, Mauli Nagar,
Naldurg, Tq. Tuljapur, Dist. Osmanabad.
40. Khushalsingh Laxmansingh Thakur,
Age : 60 years, Occu. Agri,
R/o. Bhavani R. Nagar, Naldurg,
Tq. Tuljapur, Dist. Osmanabad.
41. Nanasaheb S/o. Deelip Patil,
Age : 32 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
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Dist. Osmanabad.
42. Arjun S/o. Shahajee More,
Age : 34 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
43. Tolu Kareem Shaikh,
Age : 67 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
44. Muntaj Tolu Shaikh,
Age : 60 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
45. Bandu S/o. Sahadev More,
Age : 49 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
46. Sushilabai Shivaji More,
Age : 65 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
47. Tukaram S/o. Gunda Survase,
Age : 65 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
48. Narayan S/o. Nivrutti Kale,
Age : 70 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
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Dist. Osmanabad.
49. Husheni Kareem Shaikh,
Age : 64 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
50. Vidyadhar Subhash More,
Age : 38 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
51. Ajay S/o. Narsing Pawar,
Age : 36 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
52. Sanjay S/o. N. Vantape,
Age : 30 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
53. Limbaji D. Patil,
Age : 28 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
54. Kashinath N. Kale,
Age : 68 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
55. Vijay N. Pawar,
Age : 38 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
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Dist. Osmanabad.
56. Chandrakant S. Shinde,
Age : 50 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
57. Arvind K. Kale,
Age : 37 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
58. Vithoba M. Kamble,
Age : 75 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
59. Ganesh U. Joshi,
Age : 70 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
60. Subhabai P. Kale,
Age : 67 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
61. Sameer S. Patel,
Age : 35 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
62. Indubai M. Gore,
Age : 65 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
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Dist. Osmanabad.
63. Vishwanath B. Survase,
Age : 68 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
64. Balaji N. Kale,
Age : 55 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
65. Mokind Chimma Vantape,
Age : 48 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
66. Sadhu Sakharam Nikam (Died)
Through L.Rs.
Sakharam Sadhu Nikam,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
67. Sangita Sakharam Halkambe,
Age : 50 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
68. Narayan Narsu Nikam,
Age : 65 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
69. Dayanand Arjun Babar,
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Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
70. Anand Arjun Babar,
Age : 35 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
71. Dattu Kisan Ghodhake,
Age : 59 years, Occu. Agri,
R/o. Naldurg Rural, Tq. Tuljapur,
Dist. Osmanabad.
72. Premsing Bansilal Thakur,
Age : 35 years, Occu. Agri,
R/o. Naldurg Rural, Tq. Tuljapur,
Dist. Osmanabad.
73. Ganpati Shamrao Ghodhake,
Age : 71 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
74. Simitabai Madhav Handhe,
Age : 68 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
75. Gulab Shankarrao Shinde,
Age : 68 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
76. Sarika Santosh Ghodhake,
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Age : 33 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
77. Mukund Shrepatrao Naik,
Age : 48 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
78. Rekha Sharadrao Potdar,
Age : 54 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
79. Vijaysing Mansing Thakur,
Age : 49 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
80. Rajendra Mahansing Thakur,
Age : 51 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
81. Vinay Kumar Baburao Pandit,
Age : 70 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
82. Dilip Hirachand Patil,
Age : 68 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
83. Babusingh Narayansingh Rajput
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Age : 63 years, Occu. Agri,
R/o. Gunjoor, Tq. Tuljapur,
Dist. Osmanabad.
84. Pushpalata Babusingh Rajput,
Age : 58 years, Occu. Housewife,
R/o. Gunjoor, Tq. Tuljapur,
Dist. Osmanabad.
85. Dhananjay Dhamrao Shatjar,
Age : 47 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
86. Deepak S/o. Shivshankar Kabade,
Age : 29 years, Occu. Education.
87. Kedareshwar S/o. Shivshankar Kabade,
Age - 25 years, Occu. Education,
Both R/o. Hipparga Road, Lohara,
Tq. Lohara, Dist. Osmanabad.
-Versus-
01. The State of Maharashtra, ...RESPONDENTS
Secretary, Public Works Department,
Mantralaya, Mumbai-32.
02. The Chief Engineer (NH),
Public Works Department,
Room No. 526, 5th Floor, Kokan
Bhavan, Navi Mumbai - 400614.
03. The Collector, Osmanabad,
Collector Office, Osmanabad.
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04. The Project Director,
National Highway Authority of India,
Jai Jalaram Nagar, Behind Shivdare College,
Solapur.
05. The Competent Authority
& Sub Divisional Officer,
Osmanabad, Collector Office,
Osmanabad.
06. The Tahsildar,
Tahasil Office, Tuljapur,
Dist. Osmanabad.
07. Executive Engineer,
National Highway Department,
Saat Rasta, Solapur.
08. Shri Swami Samarth Engineers
& Shinde Developers Pvt. Ltd. (JV),
773/3, Pradyumn Apts, Lane No.9,
Bhandarkar Road, Shivaji Nagar,
Pune - 411004.
Mr. S. S. Tope, Advocate for the petitioners
Mr. S. G.Karlekar, AGP for the respondent/State
Mr. V. D. Sapkal, Learned Senior Advocate i/b Mr. D. S. Manorkar,
Advocate for the respondent Nos. 2 and 7
Mr. S. S. Deve, Advocate for the respondent No.5
Mr. Mobin H. Shaikh, Advocate for the respondent No.8
AND/WITH
WRIT PETITION NO. 7549 OF 2019
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01. Gahininath S/o. Jagannath Ghorpade, ...PETITIONERS
Age : 73 years, Occu : Agri,
R/o. Maratha Galli, Naldurg,
Tq. Tuljapur, Dist. Osmanabad.
02. Digambar S/o. Kisan Ghodke,
Age : 75 years, Occu : Agri,
R/o. Shastri Chowk, Naldurg,
Tq. Tuljapur, Dist. Osmanabad.
03. Anita Digambar Ghodke,
Age : 70 years, Occu : Agri,
R/o. Shastri Chowk, Naldurg,
Tq. Tuljapur, Dist. Osmanabad.
04. Badesaab Allabaksh Qureshi,
Age : 80 years, Occu : Agri,
R/o. Gujnur, Tq. Tuljapur,
Dist. Osmanabad.
05. Fatima Badesaab Qureshi,
Age : 75 years, Occu : Agri,
R/o. Qureshi Galli, Naldurg,
Tq. Tuljapur, Dist. Osmanabad.
06. Mohammad Nazim Hasansaab Qureshi,
Age : 22 years, Occu : Agri,
R/o. Qureshi Galli, Naldurg,
Tq. Tuljapur, Dist. Osmanabad.
07. Ambanna Vitthal Bharamshetty,
Age : 40 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
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08. Priyanka Nagraj Bennure,
Age : 32 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
09. Gaurishankar Vitthal Bharamshetty,
Age : 35 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
10. Jayshri Mahadev Bharamshetty,
Age : 50 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
11. Laxman Gurappa Koli,
Age : 39 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
12. Mallappa Sharanappa Kore,
Age : 49 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
13. Vishwanath Ramchandra Bharamshetty,
Age : 51 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
14. Rajkumar Ramchandra Bharamshetty,
Age : 32 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
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15. Kashinath Andhappa Bharamshetty,
Age : 65 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
16. Subhash Kamanna Hannure,
Age : 35 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
17. Mallakappa Kallappa Hegde,
Age : 59 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
18. Mahadev Siddhappa Bakre,
Age : 84 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
19. Smt. Gangabai Shrishail Birajdar,
Age : 50 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
20. Bhujanga Rama Irwadkar,
Age : 63 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
21. Mahesh Mallakanna Talwar,
Age : 34 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
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22. Ramesh Mallakanna Talwar,
Age : 29 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
23. Basawraj Rudrappa Parathnale,
Age : 32 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
24. Vishwanath Dhulappa Sarsambe,
Age : 50 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
25. Basawanappa Sharnappa Wale,
Age : 65 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
26. Chandramma Yashwant Bharamshetty,
Age : 60 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
27. Mukundraj Ramchandra Patki,
Age : 66 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
28. Basawanappa Dhulappa Sarsambe,
Age : 64 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
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29. A. Karim Ibrahim Mulla,
Age : 56 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
30. Nasrin Abdul Karim Mulla,
Age : 54 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
31. Suryakant Annappa Kore,
Age : 53 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
32. Asif Aziz Baig,
Age : 30 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
33. Ayesh Aziz Baig,
Age : 45 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
34. Sandhya Nagnath Irwadkar,
Age : 55 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
35. Harshwardhan Basawraj Karpe,
Age : 29 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
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36. Pandit Laxman Pujari,
Age : 52 years, Occu : Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
37. Rajkumar Chandrakant Bhosle,
Age : 46 years, Occu : Agri,
R/o. Chungi, Tq. Akkalkot,
Dist. Solapur.
38. Ashpak Jafar Jamadar,
Age : 19 years, Occu : Agri,
R/o. Chungi, Tq. Akkalkot,
Dist. Solapur.
39. Jainuddin Imamso Jamadar,
Age : 43 years, Occu : Agri,
R/o. Chungi, Tq. Akkalkot,
Dist. Solapur.
40. Laxman Tanaji Bhople,
Age : 29 years, Occu : Agri,
R/o. Chungi, Tq. Akkalkot,
Dist. Solapur.
41. Ashok s/o Laxman Padole,
Age : 45 years, Occu : Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist : Osmanabad.
42. Bhagirathi s/o Laxman Padole,
Age : 70 years, Occu : Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist : Osmanabad.
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43. Baburao s/o Deorao Bansode,
Age : 70 years, Occu : Agri,
R/o. Gulhalli, Tq. Tuljapur,
Dist : Osmanabad.
-Versus-
01. The State of Maharashtra, ...RESPONDENTS
Secretary, Public Works Department,
Mantralaya, Mumbai-32.
02. The Chief Engineer (NH),
Public Works Department,
Room No. 526, 5th Floor, Kokan
Bhavan, Navi Mumbai - 400614.
03. The Collector, Osmanabad,
Collector Office, Osmanabad.
04. The Project Director,
National Highway Authority of India,
Jai Jalaram Nagar, Behind Shivdare College,
Solapur.
05. The Competent Authority
& Sub Divisional Officer,
Osmanabad, Collector Office,
Osmanabad.
06. The Tahasildar,
Tahasil Office, Tuljapur,
Dist. Osmanabad.
07. Executive Engineer,
National Highway Department,
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Saat Rasta, Solapur.
08. Shri Swami Samarth Engineers
& Shinde Developers Pvt. Ltd. (JV),
773/3, Pradyumn Apts, Lane No.9,
Bhandarkar Road, Shivaji Nagar,
Pune - 411004.
Mr. S. S. Tope, Advocate for the petitioners
Mr. S. G. Karlekar, AGP for the respondents/State
Mr. V. D. Sapkal, Learned Senior Advocate i/b Mr. D. S. Manorkar,
Advocate for the respondent Nos. 2 and 7
Mr. S. S. Deve, Advocate for the respondent No.5
Mr. Mobin H. Shaikh, Advocate for the respondent No.8
AND/WITH
WRIT PETITION NO. 11676 OF 2019
01. Mubin s/o Mustak Kureshi, ...PETITIONERS
Age : 29 years, Occu : Agri,
R/o : Naldurg, Tq : Tuljapur,
Dist : Osmanabad.
02. Rijiyajaha w/o Mustak Kureshi,
Age : 50 years, Occu : Agri,
R/o : Naldurg, Tq : Tuljapur,
Dist : Osmanabad.
03. Mukheem s/o Mustak Kureshi,
Age : 29 years, Occu : Agri,
R/o : Naldurg, Tq : Tuljapur,
Dist : Osmanabad.
04. Hamidabee w/o Allauddin Shaikh,
Age : 70 years, Occu : Agri,
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R/o : Shahapur, Tq : Tuljapur,
Dist : Osmanabad.
05. Prabhakar s/o Ramchandra Fadtare,
Age : 60 years, Occu : Agri,
R/o : Nilegaon, Tq : Tuljapur,
Dist : Osmanabad.
06. Tanvir s/o Ahemadhussain Kureshi,
Age : 32 years, Occu : Agri,
R/o : Naldurg, Tq : Tuljapur,
Dist : Osmanabad.
07. Dnyaneshwar s/o Baburao Pandhre,
Age : 39 years, Occu : Agri,
R/o : Shahapur, Tq : Tuljapur,
Dist : Osmanabad.
08. Pallavi w/o Prakash Kambale,
Age : 37 years, Occu : Agri,
R/o : Naldurg, Tq : Tuljapur,
Dist : Osmanabad.
09. Swapnil s/o Ashok Dukre,
Age : 38 years, Occu : Agri,
R/o : Naldurg, Tq : Tuljapur,
Dist : Osmanabad.
10. Swaminath s/o Mohan Mhalge,
Age : 40 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
11. Sanjay s/o Shamrao Kalkate,
Age : 40 years, Occu : Agri,
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R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
12. Shankar s/o Shivaji Kalkate,
Age : 40 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
13. Shekappa s/o Ram Kalkate,
Age : 26 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
14. Laxman s/o Dhondiba Kalkate,
Age : 70 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
15. Sunil s/o Sahdeo Kalkate,
Age : 26 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
16. Ram s/o Mahadeo Kalkate,
Age : 35 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
17. Sanjay s/o Gangaram Koli,
Age : 45 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
18. Ram s/o Tukappa Koli,
Age : 55 years, Occu : Agri,
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R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
19. Rajendra s/o Baburao Pawar,
Age : 40 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
20. Pandurang s/o Pundlik Khetri,
Age : 34 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
21. Rajendra s/o Ganpati Kalkate,
Age : 34 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
22. Shobha w/o Shivram Lohar,
Age : 35 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
23. Nagu s/o Rama Lohar,
Age : 70 years, Occu : Agri,
R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
24. Amrutraj s/o Sadashiv Talvar,
Age : 45 years, Occu : Agri,
R/o : Hannur, Tq : Akkalkot,
Dist : Solapur.
25. Rahiman s/o Amin Shaikh,
Age : 72 years, Occu : Agri,
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R/o : Chungi, Tq : Akkalkot,
Dist : Solapur.
26. Madappa s/o Sharanappa Kalayanshetti,
Age : 31 years, Occu : Agri,
R/o : Hannur, Tq : Akkalkot,
Dist : Solapur.
-Versus-
01. The State of Maharashtra, ...RESPONDENTS
Secretary, Public Works Department,
Mantralaya, Mumbai-32.
02. The Chief Engineer (NH),
Public Works Department,
Room No. 526, 5th Floor, Kokan
Bhavan, Navi Mumbai - 400614.
03. The Collector, Osmanabad,
Collector Office, Osmanabad.
04. The Project Director,
National Highway Authority of India,
Jai Jalaram Nagar, Behind Shivdare College,
Solapur.
05. The Competent Authority
& Sub Divisional Officer,
Osmanabad, Collector Office,
Osmanabad.
06. The Tahsildar,
Tahasil Office, Tuljapur,
Dist. Osmanabad.
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07. Executive Engineer,
National Highway Department,
Saat Rasta, Solapur.
08. Shri Swami Samarth Engineers
& Shinde Developers Pvt. Ltd. (JV),
773/3, Pradyumn Apts, Lane No.9,
Bhandarkar Road, Shivaji Nagar,
Pune - 411004.
Mr. S. S. Tope, Advocate for the petitioners
Mr. S. G. Karlekar, AGP for the respondent/State
Mr. V. D. Sapkal, Learned Senior Advocate i/b Mr. D. S. Manorkar,
Advocate for the respondent Nos. 2 and 7
Mr. S. S. Deve, Advocate for the respondent No.5
AND/WITH
CONTEMPT PETITION NO. 268 OF 2020
IN
WRIT PETITION NO. 4022 OF 2019
01. Pandurang S/o. Sakharam Nikam, ...PETITIONERS
Age : 62 years, Occu : Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
02. Hanumant Vishwanath Patil,
Age : 80 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
03. Laxman Satish Ghodke,
Age : 22 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
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Dist. Osmanabad.
04. Vijaykumar S/o. Tulshiram Bandhichod,
Age : 27 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
05. Shivram Shamrao Landage,
Age : 30 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
06. Tanaji S/o. Digambar Banchere,
Age : 25 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
07. Bhimrao S/o. Apparao Landage,
Died Through L.Rs.
Haridas S/o. Bhimrao Landage,
Age : 38 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
08. Nitin S/o. Ashok Chavan,
Age : 35 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
09. Shrimant S/o. Ramchandra Fadtare,
Age : 73 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
10. Santosh S/o. Dadasaheb Shirke,
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Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
11. Kasturabai Anantrao Bhosale,
Age : 75 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
12. Parvati Pandit Nikam,
Age : 45 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
13. Shivram S/o. Mahadev Nikam,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
14. Dilip S/o. Tukaram Nikam,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
15. Narsing S/o. Krushna Nikam,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
16. Gahininath S/o. Jagannath Ghorpade,
Age : 35 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
17. Vitthal S/o. Sakharam Nikam,
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Age : 65 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
18. Basawappa Dhanappa Sarsewe,
Age : 64 years, Occu. Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
19. Surekha Kamalakarrao Dukare,
Age : 58 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
20. Sardarsingh Ramsingh Thakur,
Age : 52 years, Occu. Agri,
R/o. Shastri Chowk, Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
21. Sharad Digambarrao Potdar,
Age 62 years, Occu. Agri,
R/o : Shastri Chowk, Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
22. Pramilabai Dharmsingh Thakur,
Age : 73 years, Occu. Agri,
R/o. Maharana Pratap Chowk, Mauli Nagar,
Naldurg, Tq. Tuljapur, Dist. Osmanabad.
23. Khushalsingh Laxmansingh Thakur,
Age : 60 years, Occu. Agri,
R/o. Bhavani R. Nagar, Naldurg,
Tq. Tuljapur, Dist. Osmanabad.
24. Chandrakant Sopan Shinde,
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Age : 50 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
25. Pallavi Prakash Kamble
Age : 38 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
26. Ganesh Vyankatesh Joshi,
Age : 70 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
27. Sangita Sakharam Halkambe,
Age : 50 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
28. Narayan Narsu Nikam,
Age : 65 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
29. Dayanand Arjun Babar,
Age : 40 years, Occu. Agri,
R/o. Nilegaon, Tq. Tuljapur,
Dist. Osmanabad.
30. Mahadu Tulsidas Halkambe,
Age : 36 years, Occu. Agri,
R/o. Gulhali, Tq. Tuljapur,
Dist. Osmanabad.
31. Mukundraj Ramchandra Patki,
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Age : 68 years, Occu. Agri,
R/o. Hannur, Tq. Akkalkot,
Dist. Solapur.
32. Mukund Shrepatrao Naik,
Age : 50 years, Occu. Agri,
R/o. Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
33. Ashok Laxman Padole,
Age : 45 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
34. Badesaab Allabaksh Qureshi,
Age : 80 years, Occu. Agri,
R/o. Gujnur, Tq. Tuljapur,
Dist. Osmanabad.
35. Mohammad Nizim Hasansaab Qureshi,
Age : 22 years, Occu. Agri,
R/o. Qureshi Galli, Naldurg, Tq. Tuljapur,
Dist. Osmanabad.
36. Nanasaheb S/o. Deelip Patil,
Age : 32 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
37. Tukaram S/o. Gunda Survase,
Age : 65 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
38. Vishwanath Baburao Survase,
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Age : 68 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
39. Husain Karim Patel,
Age : 65 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
40. Kashinath Namdeo Kale,
Age : 68 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
41. Vithoba Mahadeo Kamble,
Age : 75 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
42. Tolu Kareem Shaikh,
Age : 67 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
43. Sanjay Bajirao More,
Age : 42 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
44. Subhash Rangrao More,
Age : 50 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
45. Narayan S/o. Nivrutti Kale,
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Age : 70 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
46. Balaji Narayan Kale,
Age : 55 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
47. Ajay S/o. Narsing Pawar,
Age : 36 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
48. Surayya Salim Patel,
Age : 58 years, Occu. Agri,
R/o. Shahapur, Tq. Tuljapur,
Dist. Osmanabad.
-Versus-
01. Kaustubh Divegaonkar, ...RESPONDENTS
Collector, Osmanabad,
Collector Office, Osmanabad.
02. Bhimashankar M. Mitkare,
Executive Engineer,
National Highway Department,
Saat Rasta, Solapur.
03. Bhaskar P. Kshirsagar,
Sub-Div. Engineer,
Address : National Highway Sub-Division
No. 21, Jai Jalaram Nagar,
Behind Shivdare College,
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Solapur.
04. Jagdish Raut,
Assi. Police Inspector,
Naldurg Police Station,
Naldurg, Tq : Tuljapur,
Dist : Osmanabad.
05. S.S. Kadam,
The Project Director,
National Highway Authority of India,
Jai Jalaram Nagar, Behind Shivdare College,
Solapur.
06. Sujit Mule,
Age : Major, Occu : Service,
Shri Swami Samarth Engineers
& Shinde Developers Pvt. Ltd. (JV),
773/3, Pradyumn Apts, Lane No. 9,
Bhandarkar Road, Shivaji Nagar,
Pune - 411004.
07. Santosh V. Kulkarni,
Executive Engineer,
National Highway Authority of India,
Opposite of Karagir Petrol Pump, Saat Rasta,
Solapur - 413003.
Mr. S. S. Tope, Advocate for the petitioners
Mr. S. G. Karlekar, AGP for the respondents/State
Mr. B. B. Kulkarni, Advocate for the respondent Nos. 2 and 3
Mr. S. A. Wakure, Advocate for the respondent No.6
Mr. V. D. Sapkal, learned Senior Counsel i/b Mr. D. S. Manorkar,
Advocate for the respondent No.5
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CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
RESERVED ON : 29-09-2021
PRONOUNCED ON : 20-01-2022
JUDGMENT [PER: R. N. LADDHA, J.]
1. Rule. Rule made returnable forthwith. All these writ
petitions are taken up for hearing and finial disposal, by consent and
on the request of the learned Counsel for the parties. Since this batch
of writ petitions involves common question of law and the facts which
are similar, these are being disposed of by this common judgment.
2. It is the case of the petitioners that they are the owners
and possessors of the agricultural lands contiguous to the National
Highway No. 652, which is presently 6.70 mtrs in width. The subject
road was constructed in the year 1971-1972 under the Employment
Guarantee Scheme. It is stated that the Government of India vide
Gazette Notification dated 6th February, 2018 had declared the State
Highway as National Highway No. 652 connecting to National
Highway No. 50 and National Highway No. 150 commencing from
Andur, Naldurga at National Highway No. 50 and terminating
National Highway No. 150 in Akkalkot. The project of rehabilitation
and upgradation to 2-lane / 4-lane with paved shoulder from Aandur
to Akkalkot (Existing Ch.288.700 to 290.551 of NH-9 and Ch.32.880
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to Ch.71.407 of NH-652/ length 39.825) on EPC Mode has been
sanctioned by the Central Government. The agreement for the project
has also been signed with respondent No.8 Shri Swami Samarth
Engineers and Shinde Developers Pvt. Ltd. The contention of the
petitioners is that under the pretext of upgrading /widening of the
subject road, the respondents, without initiation of any proceedings
for the acquisition of the lands, are trying to take forcible possession
of their lands in order to deprive them of the legitimate compensation
for the same. According to the petitioners, this act of the respondents
is contrary to the provisions of Article 300-A of the Constitution of
India.
3. The petitioners have made it clear that they do not
oppose the widening /upgradation of the road in question but, claim
that the authority should acquire their lands as per the procedure
established by law. The applications filed by the petitioners for
compensation for their lands which the authorities are trying to take
forcibly are not considered. According to the petitioners, the letters
received from the authorities made it clear that the width of the
existing road is 6.70 mtrs but the respondents are trying to extend it
for 2-lane / 4-lane with paved shoulder configuration for which large
chunks of the abutting land are required to be acquired. The
petitioners have further made it clear that they are not making any
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grievance for the non-grant of compensation for the lands which were
already taken in possession of by the authorities in the year 1971-
1972 to construct the subject road. According to the petitioners, at
present the width of the said road is 6.70 mtrs and after expansion
from both the sides, the width shall become more than 15 mtrs. The
petitioners are questioning the conduct of the respondent authorities
as regards the purported attempt made by them to take forcible
possession of the lands owned by the petitioners, without taking
recourse to proceedings for acquisition of their lands as per the
procedure established by law. The petitioners are also praying for
quashing and setting aside the letter of award dated 28 th March, 2018
whereby the aforesaid work of the rehabilitation/upgradation of
existing highway to 2-lane/ 4-lane with paved shoulder configuration
was awarded to the respondent No.8.
4. The Chief Engineer, the Second Respondent and the
Executive Engineer, the Seventh Respondent have appeared and has
placed on record affidavit of Mr. Santosh Vijaykrushna Kulkarni,
Executive Engineer, National Highway Division, Solapur. It has been
stated that on the basis of Government record and details survey of
the existing ROW (Right of Way) in possession of the National
Highway is already measured and marked. It is stated that the
National Highway 652 consist of main tar road plus murum side
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shoulders on both the sides and in addition there are berms
embankments, gutters utility lines etc. In so far as the total existing
width/ROW and proposed ROW for this project is concerned, the
Seventh Respondent has annexed a copy of Annexture-II (Schedule-
A), (MoRT & H, NH Division, (PWD), Maharashtra-Schedules to
Concessions Agreement), is worth reproducing here:
Annex-II
(Schedule-A)
Dates for providing right of Way
The dates on which the Authority shall provide Right of Way to the
Contractor on different stretches of the Site are stated below:
Width (m)
From Km To Km Length (Km) Existing Proposed Date of
Row (m) Row (m) providing
ROW
Fully Right of Way
32.735 33.000 0.265 19 19 On
appointment
date
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43.380 43.480 0.100 16 16 On
Appointment
43.480 43.559 0.079 18 18 date
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Realignment /Geometric Improvement
33.860 34.140 0.280 24 30 Within 365
Days After
Appointment
38.764 38.795 0.031 20 26 date
5. It is stated that the present stretch of road from Naldurga
to Akkalkot is 40 Km in length passing through almost 14 villages,
connecting NH-50 and NH-150. It is further stated that the Central
Government vide Gazette Notification dated 06th February, 2018 has
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declared the State Highway as National Highway 652 connecting to
National Highway 50 and National Highway 150 commencing from
Andur, Naldurga at NH-50 and terminating National Highway 150 in
Akkalkot. It has been stated that while transferring the road inventory
the Sub-Divisional Engineer, PWD Sub-Division, Tuljapur vide its
letter dated 29th August, 2019 had intimated that the ROW of the
present road is 17 to 19 mtrs. It is further stated that for the
construction of the present NH652 the DPR Consultant had carried
out survey as to availability of ROW i.e. width of the present road. It
is stated that the village maps of the village Naldurga, Waghdari,
Gujnur, Shahapur, Nilegaon and Gulhali were prepared during the
period Nizam Rule which shows the existence of road between
Naldurga and Akkalkot. It has been stated that the road width is the
distance between road land boundaries. It consist of carriage way
(BT/concrete) + shoulders + side slopes if any + available width
between the side boundaries (Gutter + width for plantation). The
certificates issued by the Officers of the Zilla Parishad, placed on
record by the petitioners, speak only about road way width i.e.
carriage way width, tar road width + shoulder, it does not state
anything about road land width. However, certificates issued by the
Sub-Divisional Engineer, PWD, Tuljapur state the road land width of
around 17-19 mtrs. It is stated that the certificate of Deputy SLR,
Land Record, Tuljapur exhibits the width of the road 22.63 mtrs. A
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copy of the certificate of Deputy SLR has been annexed to the
affidavit. It has been stated in the affidavit that as per the directions
of the Collector dated 22-01-2020 the measurement of existing
Government occupied land /road land width/ ROW was carried out
on 02nd and 03rd July, 2020 by the team consisting of Deputy SLR,
Tuljapur; Sub-Divisional Engineer, NH, Sub-Division, Solapur; Circle
Officer; Section Engineer, NH, Sub-Division Solapur, and Team Leader
Authority Engineer and that as per the said measurement, the existing
ROW/road land width is around 18-19 mtrs. Thereafter, the Collector,
Osmanabad after holding a meeting vide his office letter dated 05-11-
2020 formed a Task Force. Thereafter, again panchanamas were
carried out for 'Roadway Width' only i.e. Tar Road Width with
Shoulder and these do not consist of measurement between road
boundaries. It is stated that the farmers were opposing to carry out
the measurement for road land width, therefore, Roadway Width as
measured in the panchanama does not depict a clear picture of the
existing road land width as per MoRTH/Road Terminology. It is stated
that the panchanama for roadway width is carried out on 09-12-
2020. The width of the old road structure is measured from 7.3 mtrs
to 8.7 mtrs. It is the case of the petitioners that they are not asking
the compensation for the lands which was acquired/occupied by the
Government in the year 1971-1972. In the past as per the availability
of the funds, structures on river/nala were constructed based on type
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drawings to achieve economy and therefore, road carriage width i.e.
tar road width + shoulders was less but, that does not mean the
structure width is restricted to the tar road width + shoulders only.
The measurement of road land width from Bund to Bund in above
exercise is the distance between the boundaries of farms from
adjacent side of NH 652. That the existing ROW / Road Land Width
which is between 17 to 20 mtrs. is enough to carry out the
construction activities and accordingly work is carried out in available
ROW width only. It has been stated that the petitioners may not claim
for the compensation for the lands which were already acquired and
occupied by the Government in the year 1971-1972.
6. Also on behalf of the Competent Authority /Sub-
Divisional Officer, Fifth Respondent, affidavit-in-reply is placed on
record by Mr. Rameshwar Rodge to inter-alia contend that as per the
directions given by the Collector, Osmanabad his office has issued
letter dated 08-10-2018 to mark alignment of the said road. The
officers has also issued letter to Deputy Superintendent of Land
Records, Tuljapur for measurement and survey as per alignment
shown by the Acquiring Body-respondent No.7 and to submit joint
measurement report to his office for further action but till today no
such report has been received. It has been stated that his office has
already informed the respondent No. 7 Acquiring Body to co-operate
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with Deputy Superintendent of Land Records, Tuljapur for joint
measurement. Further it has been stated that in the affidavit that his
office initiated the land acquisition proceedings as per the proposal
received from the respondent No.7 Acquiring Body and whenever the
land would be acquired, the same would be governed by the National
Highways Act, 1956.
7. An affidavit has also been filed on behalf of the
respondent No.8. It is stated that the Ministry of Road Transport and
Highway (MoRTH) has issued public tender notice inviting the offers
for the actual measurement of the road of existing ROW width of the
road NH 652. In the bid various offers were received and the tender
of Redecon's Spectrum was accepted by issuing work order. The said
Redeceon's after carrying out the actual measurement of the road on
the spot for the entire total length of 39.825 submitted the detailed
report of existing width of the road. As per the terms of the contract
the entire work i.e. 39.825 km was to be completed within 540 days.
The respondent No.8 relied upon the maps published by the Chief
Engineer, PWD, Aurangabad indicating the development of the road
from the year 2001 to 2021 in Tuljapur Taluka and also map
published by the Chief Engineer, PWD, Pune for the development of
road from the year 2001 to 2021 for Akkalkot taluka. On the basis of
the said report which has been accepted by MoRTH, further action
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was taken by issuing tender for construction of present Highway and
the tender of the respondent No.8 has been accepted. Accordingly, the
work order has been issued and actual construction work has been
started. Out of total 39.825 km, 15 km of the road has already been
constructed. It is stated that the existing condition of the in-complete
road is causing serious inconvenience to the public.
8. Mr. S. S. Tope, the learned Counsel, appearing for the
petitioners raised several contentions. According to him the
petitioners are owners and possessors of the adjoining lands, it is
therefore, incumbent on the respondent authorities to take recourse
to proceedings for acquisition of their lands. So that appropriate
consequential action of awarding compensation could be taken. No
such action, however, was taken. He submits that there is no entry of
either State Highway or National Highway in the 7/12 extract of the
agricultural lands of the petitioners. According to the learned Counsel
for the petitioners the certificates dated 28-12-2018, issued by the
Sub-Divisional Officer made it clear that as on today the width of the
existing road is 6.70 mtrs. However, the respondent authorities are
trying to extend it for 2-lane 4-lane, for which large chunks of the
abutting lands are required. He further submits that the Nilegaon Pati
to Gulhali is 6 km and the said road is not in existence and the same
is proposed in the road development plan 2001-2021. Banking upon
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ruling of the Hon'ble Supreme Court in the case of Tukaram Kana
Joshi and others Vs MIDC and another, 2013 AIR (SC), 565, wherein
it was laid down in empathetic terms that the right to property is now
considered to be, not only a constitutional or a statutory right, but,
also a human right. Though, it is not a basic feature of the
Constitution or fundamental right, human rights are considered to be
in realm of individual rights, such as the right to health, the right to
livelihood, the right to shelter and employment etc. Now however,
human rights are gaining an even greater multi faceted dimensions.
The right to property is considered, very much to be a part of such
new dimensions, it was urged that in a Welfare State, Statutory
Authorities are bound to pay compensation to the affected persons.
The judgment of the Hon'ble Supreme Court in the case of Vidyadevi
Vs Himachal Pradesh and others, SLP No. 6066 of 1995 has been
cited to reinforce the above. The learned Counsel further submits that
in the similar set of facts in the case of Bhagaji S/o. Nathaji Maind
and others Vs The State of Maharashtra and another, Writ Petition
No. 5250 of 2020, 3rd July, 2021 has directed the respondent
authorities to conduct the joint measurement of the subject road at
the concerned villages to ensure that whether the land of the
petitioners therein was affected by the project work and if yes,
directed the respondent authorities to initiate acquisition
proceedings.
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9. The learned Counsel for the petitioners tried to agitate
before us that in spite of letters issued by the Officers of the Land
Records to submit the complete proposal of the measurement, no
steps have been taken by the concerned Respondent Authorities. He
further submits that the Collector, Osmanabad vide his letter dated
09-01-2019 addressed to the Collector, Solapur stated that in spite of
the directions, the Executive Engineer, National Highway Division,
Solapur has not completed the joint measurement, no steps have been
initiated and the said officer is delaying measurement process.
Accordingly, the Collector, Solapur also issued a letter dated 02-02-
2019 to the Executive Engineer, National Highway Division, Solapur
to remind him of conducting joint measurement and further directed
for immediate action. However, till today the Executive Engineer has
not taken effective steps to carry out the joint measurement. The
learned Counsel for the petitioners invited our attention to the
Government Resolution dated 26-10-2010 and submits that the GR is
not applicable to the petitioners' instant claims as said GR pertains to
the delayed claims for compensation. The learned Counsel for the
petitioners further submits that the petitioners are ready for one time
settlement compensation subject to reasonableness.
10. The steps contemplated to upgrade the subject road is in
public interest was emphasized by Mr. V. D. Sapkal, the learned Senior
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Counsel for the respondent Nos. 2 and 7. It was submitted that the
said action of widening /upgradation of the subject road is to espouse
a public cause. The learned Senior Counsel submits that whenever the
requirement of the land is exceeded, proper procedure to acquire the
land, whenever necessary, would be adopted by the respondent
authorities. According to the Senior Counsel, the petitioners have
raised several disputed questions of facts which cannot be gone into
and adjudicated in the present proceeding under Article 226 of the
Constitution of India. The learned Senior Counsel further submits
that the upgradation /widening of the subject road is carried out
within ROW only and therefore, the question of acquisition of
petitioners' abutting lands for upgradation/ widening of road as
contended by the petitioners does not arise. Learned Senior Counsel
further invited our attention to the handbook of Basic PWD Static,
Maharashtra State Published on 31-03-1996 wherein categories of
roads have been given.
11. Mr. S. G. Karlekar, learned AGP appearing for the
respondent Nos. 1, 3, and 6, Mr. S. S. Deve, learned Counsel for
respondent No.5 and Mr. Mobin Shaikh, learned Counsel for
respondent No.8 have made more or less similar submissions as
advanced by the learned Senior Counsel for the respondent Nos. 2
and 7.
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12. We have considered the contentions canvassed by the
learned counsel for the parties. The controversy relates to the exact
width of the subject road which lies within a very narrow compass. It
is the contention of the petitioners that under the pretext of
widening/upgradation of the subject road, the respondent authorities,
without initiation of any legal proceedings for acquisition, are trying
to take forcible possession of their lands. Further, it is the contention
of the petitioners that the width of the existing road is 6.70 mtrs and
after expansion from both the sides, the width shall become more
than 15 mtrs which shall definiately take over parts of their abutting
lands lying on both sides of the subject road. On the other hand, the
respondent authorities have claimed that what is being undertaken by
them is only the upgradation of the existing road and the work in
question is carried out within ROW only and therefore, the question
of acquisition of the petitoners' abutting lands does not arise at all. In
short, the principal contention of the petitioners as to the exact width
of the existing subject road is emphatically denied as being without
any truth or substance.
13. In this backdrop, upon perusal of the record, we find that
the short controversy regarding the exact width of the subject road, is
purely factual dispute. Nothing is on record to estabslish with any
amount of exactitude, the actual width of the subject road. This
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question of fact cannot be satisfactorily resolved on the basis of the
documents available on record. The substratum of the matter is the
exact extent of the width of the subject road and whether the
respondents can undertake the construction /upgradation of the said
road without acquiring the lands of the petitioners. It is trite that no
person can be deprived of his property except by following due
procedure established by law. Therefore, in case, the respondent
authorities arrive at the conclusion that the lands of the petitioners
are affected, they must forthwith take up acquisition proceedings as
per the law.
14. In the circumstances, to resolve the issue of the exact
width of the subject road, we consider it appropriate to direct the
respondent authorities to take effective steps to carry out a joint
measurement of the subject road at the concerned villages through
appropriate authority in presence of the both the sides and under the
supervision of the Collectors of Osmanabad and Solapur districts after
following due procedure of law as expeditiously as possible and
preferably within two months. It is also ordered that in case, after the
measurement it is found that the lands of the petitioners are affected
by the proposed work, the respondent authorities shall commence the
process of acquisition immediately.
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15. Rules is made absolute in above terms.
16. In view of disposal of the writ petitions, the Contempt
Petition No. 268 of 2020 does not surive and disposed of.
[R. N. LADDHA,J.] [S.V. GANGAPURWALA, J.]
VishalK/wp4022.19
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