Bombay High Court
Sadanand Arjun Mohite And 288 Ors vs Assistant Engineer Ors on 11 October, 2023
Bench: G.S. Patel, Kamal Khata
905-OSWP-547-2023+F.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 547 OF 2023
WITH
INTERIM APPLICATION (L) NO. 9529 OF 2022
IN
WRIT PETITION NO. 547 OF 2023
Sadanand Arjun Mohite & Ors ...Petitioners
Versus
Assistant Engineer & Ors ...Respondents
WITH
WRIT PETITION NO. 555 OF 2023
WITH
INTERIM APPLICATION NO. 1208 OF 2022
IN
WRIT PETITION NO. 555 OF 2023
ARUN
RAMCHANDRA
SANKPAL
Yussuf Gafar Sayyad & Ors ...Petitioners
Digitally signed by
Versus
ARUN RAMCHANDRA
SANKPAL
Date: 2023.10.12
Assistant Engineer & Ors ...Respondents
18:00:44 +0530
WITH
WRIT PETITION NO. 549 OF 2023
WITH
INTERIM APPLICATION NO. 410 OF 2023
Page 1 of 10
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905-OSWP-547-2023+F.DOC
IN
WRIT PETITION NO. 549 OF 2023
Jitendra Damodar Jadhav & Ors ...Petitioners
Versus
Assistant Engineer Assistant Municipal ...Respondents
Commissioners Office & Ors
WITH
WRIT PETITION NO. 3284 OF 2021
WITH
INTERIM APPLICATION (L) NO. 9527 OF 2022
IN
WRIT PETITION NO. 3284 OF 2021
Jitendra Dharma Pandav & Ors ...Petitioners
Versus
Assistant Engineer Assistant Municipal ...Respondents
Commissioners Office & Ors
WITH
WRIT PETITION NO. 379 OF 2023
Shakuntala Gopal Ghag ...Petitioner
Versus
Assistant Engineer N-Ward & Ors ...Respondents
WITH
WRIT PETITION NO. 548 OF 2023
Chandra Baliram Bhadrike ...Petitioner
Versus
Page 2 of 10
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Assistant Engineer N-Ward ...Respondent
WITH
WRIT PETITION NO. 3869 OF 2021
WITH
INTERIM APPLICATION (L) NO. 9455 OF 2022
IN
WRIT PETITION NO. 3869 OF 2021
Prakash Gangaram Jadhav & Ors ...Petitioners
Versus
Assistant Engineer, Maintenance Dept, MCGM ...Respondents
Office & Ors
Ms Gayatri Singh, Senior Advocate, with Ronita Bhattacharya
Bector, with for the Petitioner in WP/3869/2021, WP/555/2023,
WP/379/2023 & WP/548/2023.
Ms Gayatri Singh, Senior Advocate, with Kaustubh
Gidh, i/b Kranti LC, for the Petitioner in WP/547/2023,
WP/549/2023 & WP/3284/2021.
Mr GS Godbole, Senior Advocate, with Anoop Patil, Pooja Yadav &
Aditya Joshi, for the MCGM in WP/3869/2021 &
WP/555/2023.
Mr Anoop Patil, with Pooja Yadav, i/b Sunil Sonawane, for the
MCGM in WP/547/2023, WP/549/2023 & WP/379/2023
Mr Himanshu Takke, AGP, for the State in WP/547/2023.
Mr Abhay L Patki, Addl GP, for the State in WP/549/2023.
Mr Manish Upadhye, AGP, for the State in WP/3284/2021.
Mr LT Satelkar, AGP, for the State in WP/379/2023.
Mr Milind More, Addl GP, for the State in WP/548/2023.
Mr MA Sayed, AGP, for the State in WP/3869/2021.
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905-OSWP-547-2023+F.DOC
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 11th October 2023
PC:-
1. We began judgment in these matters yesterday. This
afternoon, when we were resuming, Ms Singh, learned Senior
Advocate for the Petitioners seeks a short accommodation so as to
able to get additional material including factual material about the
conditions alleged to exist at village Anik.
2. This requires some explanation. In a convenience compilation
at page 12 is a location map. A scan is appended to this order. Also
tendered by Mr Godbole, learned Senior Advocate for the
Municipal Corporation of Greater Mumbai ("MCGM") is an
extract from the Development Plan sheet. This does not show the
entire site, but it shows the proposed relocation site. A scan of that
extract is also annexed.
3. On the plan in the convenience compilation the BPCL
Refinery is shown against Sr. No. 8. To the west of the BPCL
Refinery is the Mahul PAP colony. Then, to the south east of that is
the Ambapada Gaothan. The proposed relocation site is to the east.
It is not only to the east of the BPCL Refinery but to the east of an
industrial area which itself is to the east of the Refinery. In this
industrial area there are storage tanks of HPCL. This is what we are
told.
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4. Mr Godbole's Development Plan sheet extract shows the
boundaries of village Mahul (i.e., as opposed to the Mahul PAP
colony which is a smaller portion). That village boundary runs south
and east of village Anik.
5. We have noted these facts because the entire case of the
Petitioners in all these matters is that a relocation of Project
Affected Persons ("PAP") to Village Anik (there is no proposal to
move them to any buildings in village Mahul or in village in
Ambapada) is impermissible because the living conditions in village
Anik are "as bad as those in village Mahul". To be clear, the
allegation is not just that the conditions are bad in the Mahul PAP
colony but are bad throughout village Mahul.
6. Support for this assertion is sought to be drawn from
references in some judgments and orders where a reference is
generally to 'Mahul', without referencing the specifics of those
cases. Prima facie, it appears that the proposed relocation in all
those cases was at the Mahul PAP colony which is at some distance
from the present proposed location. The Mahul PAP Colony cannot
be equated with Village Mahul. Therefore, there is, so far, an
attempt to extrapolate merely from the name "Mahul", used in
reference to the Mahul PAP Colony, an allegation of bad conditions
everywhere, throughout Village Mahul and, spilling over, to
everything even adjacent to Village Mahul -- such as Village Anik,
which is the present proposed relocation site.
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7. We are returning no finding on these assertions at this stage.
All that we observe is that it is not possible for a Writ Court to
proceed on speculation or presumption that the conditions in village
Anik "must be" as bad as those in the Mahul PAP colony nor that
the whole of village Mahul is equally affected. The mere existence of
a refinery storage tank will not in itself legitimately raise the kind of
presumption that Ms Singh asks us to draw at this stage. By this
wholly impermissible process of constant extrapolation, the whole
of Mumbai, and the whole of the Mumbai Metropolitan Region,
could be equally said to have 'poor living conditions'. Conjectures
will not do. We refuse to proceed on inferences. Some factual
material must be brought before us to show this. Notable by its
absence in any of these Petitions is any prayer to improve the
conditions in Mahul almost as if to suggest that those who already
reside there do so at their own peril, and it is just their bad luck, but
that these PAPs cannot possibly be asked to shift to village Anik
precisely because conditions are so bad.
8. We note this because even on the documents shown to us by
the Petitioners, it appears that in and around village Anik itself there
are large and significant settlements including slums, i.e.,
encroachments. Every one of these PAPs before us is a project
affected person found entitled to rehabilitation because she or he is
in the inception an encroacher unauthorisedly occupying
government or public land. How such a distinction can be made
between encroachers at village Anik and encroachers else proposed
to relocated at village Anik will need to properly explained.
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9. We have only noted this not with the view to return a finding
but to explain why we are affording Ms Singh a short adjournment
and further latitude to get whatever material she requires on the
factual aspect of the matter.
10. There are certainly other questions of law to be addressed as
well. We have ourselves pointed out to Ms Singh that there are
orders of the Supreme Court in relation to the relocation of bastis in
the Trans Yamuna area and, several orders of the Supreme Court
regarding relocation of persons who had occupied lands on and
around railway lines. Those orders had worked out a scheme for
rehabilitation and possible compensation as well.
11. Ms Singh submits that once she has these orders she will be
able to formulate her submissions more accurately. We grant her this
latitude because we believe it is only in fairness to the Petitioners
that they be afforded a full opportunity.
12. The compilation given by Mr Godbole today is taken on
record and is to be included along with judgments that Mr Godbole
has already compiled.
13. We have a summary tabulation of the seven Writ Petitions
that are before us. This is also taken on record and is to be kept with
the compilation.
14. We will take up these matters on 1st November 2023 at 2.30
pm.
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15. Previous orders to continue until the next date.
(Kamal Khata, J) (G. S. Patel, J)
11th October 2023
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