Ganesh Rajendra Chavan And Others vs The State Of Maharashtra Thorugh ...
2022 Latest Caselaw 4893 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                            WRIT PETITION NO. 5101 OF 2022

1.        Ganesh Rajendra Chavan,
          SRT 180, Labour Colony, Aurangabad.

2.        Shakil Ahmed s/o Mohammad Ismail, SRT-59
          Labour Colony, Aurangabad

3.        Umakant Audambarrao Ghadge,
          SRT-159 Labour Colony, Aurangabad

4.        Shamim Bano wd/o Mohammad Yusuf
          SRT-78 Labour Colony, Aurangabad

5.        Mohammad Shaker Hussain
          SRT- 76 Labour Colony, Aurangabad

6.        Manish Ramrao Pawar
          SRT- 178 Labour Colony, Aurangabad

7.        Anil Vitthalrao Chaudhari
          SRT- 45 Labour Colony, Aurangabad

8.        Mohammad Ikramuddin Tamijuddin
          SRT- Labour Colony, Aurangabad

9.        Madhukar Abaji Kathar (Moharkur)
          SRT-14 Labour Colony, Aurangabad

10.       Shaikh Yusufbee wd/o Shaikh Jilani
          SRT-73 Labour Colony, Aurangabad

11.       Zohara Khatun wd/o Mubin Khan
          SRT-87 Labour Colony, Aurangabad




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 12.       Narayan Kondiba Kamble                             ...       Petitioners
           SRT-72 Labour Colony, Aurangabad

           VERSUS

 1.        The State of Maharashtra,                          ...     Respondents
           Through Its Principal Secretary,
           Public Works Department,
           Mantralaya, Mumbai

 2.        The Divisional Commissioner, Aurangabad

 3.        The Collector, Aurangabad

 4.        Aurangabad Municipal Corproation, Through
           its Commissioner

 5.        The Executive Engineer,
           Public Works Department, Aurangabad.

Mr. S. S. Kazi, Advocate for the petitioners
Mr. D. R. Kale, Government Pleader for the respondents/State


                         CORAM        :   R. D. DHANUKA, & S. G. MEHARE, JJ.
                         DATE         :   6th May, 2022

ORDER:

1. By this petition filed under Article 226 of the Constitution of India,

the petitioners have prayed for quashing and setting aside the impugned

order dated 2nd May, 2022 passed by Respondent No.3, the Collector,

Aurangabad.

2. Learned counsel for the petitioners invited our attention to the

grounds raised, particularly Ground No.(VIII) stating that the petitioners are

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not challenging the authority of the respondents nor the petitioners are

contending that the respondents authorities cannot evict the petitioners. The

only request of the petitioners is that the respondents shall rehabilitate the

petitioners by providing them shelter and alternate accommodation as it

would be difficult for the petitioners to find accommodation on their own.

3. Mr. Kale, the learned Government Pleader vehemently opposes this

prayer by relying upon the judgment of this Court delivered on 20 th January,

2022 in Writ Petition No. 12527 of 2021 in case of Dinkar s/o Baburao

Lokhande and others Vs. The State of Maharashtra and others. He submits

that in the said judgment, this Court has considered the detail argument

advanced by 147 similarly situated occupants impugning the notice issued by

the authority. He submits that after recording reasons, this Court has

dismissed the said writ petition. The learned Government Pleader also

invited our attention to the order dated 16 th March, 2022 passed by the

Hon'ble Supreme Court in Petition(s) for Special Leave to Appeal (C) No.

4754 of 2022 refusing to interfere with the judgment delivered by this Court

and dismissed the said Special Leave to Appeal. By the said order dated 16 th

March, 2022, the Hon'ble Supreme Court directed the petitioners to handover

peaceful and vacant possession of the premises on or before 30.04.2022.

Learned AGP submits that none of the petitioners have any rights

whatsoever on any portion of the land on which the unauthorized structures

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are constructed. He submits that public project would be affected, if this

Court shows any indulgence to these petitioners. Learned AGP invited our

attention to the crucial aspect which was also considered by the Division

Bench of this Court in the detail judgment dated 20 th January, 2022 that the

conditions of these structures are dilapidated and if the occupants are

allowed to continue to occupy these structures, it may cause other serious

mishaps.

4. Learned counsel for the petitioners invited our attention to the

order dated 2nd May, 2022 issued by the Collector, Aurangabad directing the

authorities to take action to remove the petitioners from their respective

structures from 8th May, 2022 onwards and to demolish these encroached

structures.

5. Perusal of the judgment rendered by this Court on 20 th January,

2022 clearly indicates that all contentions raised by the petitioners therein

including notices not having been issued and their alleged right to alternate

accommodation have been dealt with by this Court and rejected the writ

petition. Special Leave to Appeal filed by those petitioners who are

similarly situated is also dismissed by the Hon'ble Supreme Court on 16 th

March, 2022. In our view, the judgment delivered by this Court and the

order passed by the Hon'ble Supreme Court in Special Leave to Appeal

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would apply to these petitioners also. We are thus not inclined to interfere

with the order dated 2nd May, 2022 passed by the learned Collector,

Aurangabad.

6. We accordingly direct the petitioners and other occupants who are

staying with them in the impugned structures to handover peaceful and

vacant possession of their respective structures to the learned Collector,

Aurangabad on or before 10th May, 2022 by 11.00 a.m. It is made clear that

no further extension would be granted in any circumstance.

7. It is made clear that if the structures are not vacated by the

petitioners or the occupants residing with them in the impugned structures,

the respondents would be at liberty to take forcible possession and if

necessary, with assistance of police.

8. It is also made clear that this order granting indulgence to vacate

the premises till 10th May, 2022 shall not be used as precedent in any other

matters.

9. It is made clear that the petitioners and the others who are

claiming through them, who are staying in the impugned structures are

allowed to occupy the premises till 10 th May, 2022 and vacate the same by

11.00 a.m., are allowed to occupy the same at their own risk and cost. If

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any untoward incident takes place in the impugned structures, they will not

hold the respondents responsible for the same.

10. It is made clear that those parties who are not before this Court in

this petition are not protected by this order.

11. Writ petition is dismissed in aforesaid terms.

12. No order as to costs.

( S. G. MEHARE, J. )                                 ( R. D. DHANUKA, J. )




JPC