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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD.

WRIT PETITON NO. ______________ OF 2020.

Dist. : Latur.

Jayant S/o Murlidharrao Dharmadhikari & Ors. PETITIONERS.

VERSUS

The State of Maharashtra & Others. RESPONDENTS.

INDEX

__________________________________________________________

Sr. No. Particulars Exh. Pages

__________________________________________________________

1. Memo of Writ Petition. -- to

2. List of Documents. -- to

3. Copy of the Judgment dt. 07/04/2011

in R.C.A. No. 216/2010. A to

4. Copies of Representations dt. 04/03/2013,

01/04/2013, 03/08/2017, 14/08/2017,
18/01/2018, 29/01/2018, 31/01/2018, B
to
05/03/2018, 02/05/2018, 02/08/2018,
04/12/2018, 15/03/2019 and 25/10/2019

5. Copy of Govt. Resolution dt. 04/11/1987 C to

6. Copies of communications by respondent

no. 3 herein dt. 28/08/2017, 23/01/2018
and 13/08/2018. D to

_______________________

Last Page
___________________________________________________________
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Date : ____/ ____ / 2020 DHANANJAY DESHPANDE

Place : Aurangabad. Advocate for the Petitioners.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD.

WRIT PETITON NO. ______________ OF 2020.

Dist. : Latur.

Jayant S/o Murlidharrao Dharmadhikari & Ors. PETITIONERS.

VERSUS

The State of Maharashtra & Others. RESPONDENTS.

SYNOPSIS

_________________________________________________________

Sr. No. Date Particulars of events.

________________________________________________________

1. 08/03/2009 The authorities of Resp. No. 3 illegally started

constructing 50 ft wide tar road in the private lands of the petitioners
without proper acquisition. The road passes through lands of the
petitioners.

2. 2009 On legal advice, the petitioners filed a suit, RCS

No. 138/2009 for injunction and direction to acquire land.

3. 04/10/2010 Trial court dismissed the suit on technicality

4. 2010 Petitioners preferred an appeal, RCA No.

216/2010 in the Dist. Court at Latur.

5. 07/04/2011 Lower appellate court dismissed the appeal.

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6. ---- Since then the petitioners are pursuing the

authorities for acquisition of illegally occupied piece of land of
petitioners.

7. 23/01/2018 After getting all compliance from petitioners,

the Town planner of Respondent no. 3 issued a letter to Accounts Section
for financial position.

8. --- However no steps are taken to acquire lands

and pay compensation. Inaction of respondents has resulted in to
deprivation of statutory rights of the petitioners to enjoy their
immovable properties.

9. Hence this writ petition by petitioners.

_________________________________________________________

POINTS TO BE HEARD

A. Whether illegal action of occupying private lands of the

petitioners by Respondents has resulted into deprivation of petitioners
to enjoy their properties and to get compensation of land illegally
occupied by respondent no. 3 for 50 ft wide tar road.

B. Whether inaction of the part of respondents has resulted

into an irreparable loss to the petitioners since they are deprived of
enjoyment of their land illegally occupied by respondents without
acquisition and payment of compensation.

C. Petitioners pray for direction to respondents to acquire the

piece of land occupied for 50 ft wide tar road.

_______________________________________________________

ACTS / RULES TO BE REFERRED TO

Constitution of India, Art. 226 and 227.

Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act 2013. Se. 11

________________________________________________________

AUTHORITIES

At present, nil.
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_________________________________________________________

Date : ____ / ___ / 2020. DHANANJAY DESHPANDE

Place : Aurangabad. Advocate for the Petitioners.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD.

WRIT PETITON NO. ______________ OF 2020.

Dist. : Latur.

In the matter of Art. 226 and 227 of the

Constitution of India.

AND

In the matter of illegal construction of

50 ft wide Tar road on the private lands
of
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The Writ petitioners from southern side

of
lands S. No. 254A, 254B and 260B,
without its Acquisition.

AND

In the matter of acquisition of lands of

The writ petitioners from southern side
of
lands in S. No. 254A, 254B and 260B
situated at Mouje Latur within local limits
of Latur Municipal Corporation u/s 11 of
Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act,
2013

1. Jayant S/o Murlidharrao Dharmadhikari

Age 53 yrs, Occ. Service.
R/o Vivekanandapuram, Behind Parimal HighSchool,
Narayan Nagar, Latur, Dist. Latur.

2. Padmanabh S/o Murlidharrao Dharmadhikari

Age 44 yrs, Occ. Agri.
R/o Deshpande galli latur

3. Narayan S/o Murlidharrao Dharmadhikari

Age 37 yrs, Occ. Agri..
R/o Deshpande Galli latur

4. Pushpabai W/o Murlidharrao Dharmadhikari

Age 74 yrs, Occ. Agri..
R/o Vivekanandapuram, Behind Parimal HighSchool,
Narayan Nagar, Latur, Dist. Latur.
- - - - - - - - PETITIONERS.

VERSUS

1. The State of Maharashtra,

Copy to be served on Govt. Pleader,
Bombay High Court, Aurangabad.

2. The Collector,
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Collectorate, Latur
Copy to be served on Govt. Pleader,
Bombay High Court, Aurangabad.

3. The Commissioner,
Latur Municipal Corporation, Latur.
- - - - - - - - RESPONDENTS.

Claim : - Acquisition of Petitioners’ lands under Se. 11 of Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
Fixed court fees of Rs. 250 /- is paid here with.

HUMBLE PETITION OF THE

PETITIONERS ABOVE NAMED

MOST RESPECTFULLY SHOWETH AS UNDER :-

1. The petitioners are citizen of India and ordinarily reside at

Latur within the territorial jurisdiction of this Hon’ble High Court. So also

the Respondents are state instrumentalities, having statutory duties

under the under Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act and thus both, the

petitioners and respondents are amenable to the extra ordinary writ

jurisdiction of this Hon’ble High Court.

2. In the present writ petition, the petitioners are praying for

direction to the respondents herein, to initiate acquisition proceedings

u/s 11 of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013, in respect of

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strip of lands of the petitioners in S. No. 254A, 254B and 260B from

southern side, over which the respondents have illegally constructed a

50 Ft wide Tar road without proper acquisition and payment of

compensation to the writ petitioners.

3.            The petitioners respectfully submit that the land of the

petitioners is being illegally used by the respondents herein of which

possession is taken and tar road is also constructed, without its acquisition

and thus valuable rights of the petitioners in the immovable property are

violated by the respondents herein.

4.            The facts in brief can be stated as under :-

  The petitioners respectfully submitted that  the petitioners are

owners of a lands in survey number 254A, 254B and  260B situated at 

mouje Latur within the local limits of the number 2 and 3.  On

08/03/2009, from its Southern side but through the lands of the

petitioners, the respondent started to construct 50 fts  Wide Road ( from

Latur to Aarvi ) illegally at without acquiring the land of the petitioners. 

5. The petitioner respectfully submits that on the basis of a legal

advice, the petitioners had filed suit bearing R.C.S. number 138 of 2009

in the court of Civil Judge Junior Division at Latur,   with prayer for

Mandatory injunction against the respondents herein restraining them

from constructing a road through the lands of the petitioners, without

following due process of law and also with a further prayer to direct the

respondents to initiate the acquisition proceedings for the lands of the

petitioners, over which road was being constructed.   

6. The petitioners further respectfully submits that, during the

pendency of the suit, temporary injunction in the form of restriction on

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respondents from constructing a tar road through the suit properties of the

petitioners, without following due process of law, was in operation.  

7. In the suit, the respondent no. 3 / MC Latur stated, through

its written statement, that towards southern side of land of the petitioners,

there existed Cart way, which at the most can be of 21 ft wide, as per

Land Revenue Manual. However, if the alleged road passes through the

lands of the petitioners as contended by MC Latur, there has to be an

entry of the cart road, in the 7/12 extracts of the lands of the petitioners.

However the 7/12 extracts do not show existence of such cart road.

8. It needs to be noted that , in the suit of the petitioners stated

above, the witness examined by the respondent no. 3 / MC Latur clearly

admitted that the land over which road is being constructed is not

acquired and no compensation is paid to the owners / writ petitioners.

9. However,  on a technical ground that alternate remedy is

being availed by petitioner and also direction to respondents cannot be

given to acquire the land by the civil court, the suit of the petitioners came

to be dismissed by judgment and decree dt. 04/10/2010.

10. Even further, the petitioners preferred an appeal, bearing

R.C.A. No. 216/2010 in the District Court, Latur. Unfortunately the same

is also dismissed by the lower appellate court by judgment and decree dt.

07/04/2011. Copy of the Judgment dt. 07/04/2011 in R.C.A. No.

216/2010 is annexed herewith and marked as EXH. A.

11. The petitioners respectfully submit that, based on legal

advice received, the petitioners had filed a suit for injunction simplicitor

and thus, the same cannot be a bar to approach this Hon’ble High Court

under its extra ordinary writ jurisdiction under Art. 226 and 227 of the
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Constitution of India, to seek direction for acquisition of the lands of the

writ petitioners. The civil courts have no jurisdiction to direct the

respondents herein to acquire the land of the petitioners for public

purpose, by following the process of law, on which 50 ft wide road is

constructed by the respondent no. 3 herein.

12. After dismissal of the Regular Appeal, the petitioners

approached, the authorities, i.e. present respondent no. 2 and 3 through

communications and few are also annexed herewith, pointing out the

factual position. After the decision by lower appellate court, all along the

petitioners were consistently pursuing the authorities to acquire the land

by due process of law and pay compensation. Representations are also

entertained by the authorities and compliance of certain documents was

asked for, which promptly the petitioners have complied with. Copies of

the Representations dt. 04/03/2013, 01/04/2013, 03/08/2017, 14/08/2017,

18/01/2018, 29/01/2018, 31/01/2018, 05/03/2018, 02/05/2018,

02/08/2018, 04/12/2018, 15/03/2019 and 25/10/2019 are all annexed

herewith and marked collectively as EXH. B.

13. At this stage, one Govt. Resolution dt. 04/11/1987 also needs

to be considered. This Govt. Resolution clearly mandates that width such

roads going through the private lands are considered as 16 to 21 feet and

noted in the records of such lands. Copy of Govt. Resolution dt.

04/11/1987 is also annexed herewith and marked as EXH. C. Whereas in

the present case, admittedly the tar road of 50 ft wide is constructed

through the private land of the writ petitioners and that too without

acquisition of lands
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14. In response to various communications of the writ petitioners

with both the respondents, from the date of decision of the lower appellate

court, on 23/01/2018 the Town Planner of the respondent no. 3 also

issued one communication to the Accounts section, ascertaining the

financial position of the municipal corporation as regards payments of

compensation. This letter refers to representation of the petitioners dt.

14/08/2017 which is also placed on record. Copy of this letter is also

forwarded to writ petitioners and further compliance was asked for as

regards 7/12 extracts and layouts etc, which the petitioners have complied

with. Copies of communications by respondent no. 3 herein dt.

28/08/2017, 23/01/2018, and 13/08/2018 are also annexed herewith and

collectively marked as EXH. D.

16. The petitioners respectfully submits that on going through

these communications of the respondent no. 3 herein, it is gathered that

the claim of the petitioners is verified by the respondent no. 3 and after all

satisfaction of the authorities, a letter dt. 23/01/2018 came to be issued by

Town Planner, Latur Municipal Corporation to its Accounts section.

17. In spite of all compliances, even from 2018, no action is

being taken by any of the respondents to proceed with acquisition of the

lands of the petitioners.

18. The writ petitioners also submit that when the 21 ft road was

being widened to 50 fts, the petitioners had requested the authorities to

see that the widening is from the boundary of the lands of the writ

petitioners. However ignoring the requests, the entire 50 ft road is now

going through the lands of the petitioners, thereby dividing the lands of

the petitioners and a strip of lands, owned by the writ petitioners, is lying
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uncultivable beyond the road so widened, causing irreparable loss to the

petitioners and depriving the rights of the petitioners in the immovable

property.

19. It is also submitted that throughout the civil litigation as well

as the period after decision, the respondents have never disputed

ownership of the writ petitioners, nor have disputed widening of road to

50 fts and going through the lands of the writ petitioners. Further, a

witness of respondent no. 3, as stated earlier, has clearly admitted in his

deposition in suit that such widening is without acquiring the land of the

writ petitioners.

20. However, again nothing is done by the respondents herein,

to acquire, measure lands, pay compensation as per the Act of 2013 etc

and thus the writ petitioners after waiting for reasonable period are

constrained to approach this Hon’ble High Court.

21. Right from 2009 the respondents are illegally using the

private lands of the writ petitioners without acquiring the same.

22. In these circumstances, the petitioners pray for direction to

the respondents to acquire the land of which possession is taken while

widening road to 50 fts without acquiring the same by following the due

process of law. 

23. Since no other alternate and equally efficacious remedy is

available, the present writ petition is the only remedy available to the

petitioners.

24. The petitioners have not received any notice of caveat till

the date of filing of this writ petition in this Hon’ble High Court.
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25. Writ petition filed today is as early as possible and there is

no deliberate or intentional delay on the part of the petitioners in

approaching this Hon’ble High Court. The delay if any, however deserves

to be condoned looking to the facts and circumstances and more

particularly great injustice and irreparable loss caused to the writ

petitioners.

26. Petitioners have not filed or initiated any other proceeding

in any other courts in India touching the subject matter of this writ

petition, except this writ petition in this Hon’ble High Court.

27. Petitioners undertake to file / submit English Translation of

Marathi portion / documents as and when required by this Hon’ble High

Court.

28. Petitioners crave leave to add, alter or delete any of the

ground or submission as and when required.

29. IT IS THEREFORE PRAYED THAT :-

A. This writ petition be allowed with costs.

B. By issuing an appropriate writ, order or direction in the

nature of writ of Mandamus or any other writ, the respondents herein

be directed to acquire the land occupied for widening the road to 50 fts

passing through the lands of the writ petitioners and pay the

compensation in accordance with provisions of Act of 2013 within a

stipulated time as this Hon’ble High Court deems fit.

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C. Any other relief to which the petitioners are entitled in the

interest of justice may also kindly be granted.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS

AS IN DUTY BOUND SHALL EVER PRAY.

Date : ___ / ___ / 2020. DHANANJAY DESHPANDE

Place : Aurangabad. Advocate for the Petitioners.

VERIFICATION

I, Jayant S/o Murlidharrao Dharmadhikari Age 53 yrs, Occ.

Service. R/o Vivekanandapuram, Behind Palimal School, Narayan Nagar,
Latur, Dist. Latur. the petitioner herein do hereby state on solemn
affirmation that the contents of this writ petition from para 1 to 29 and
prayer clauses A to C are explained to me in Marathi and the same are
true and correct to the best of my knowledge.
Hence verified on this ______ th day of _______ 2020 at
_________.

Identified and DEPONENT.

Explained by,
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Jayant S/o Murlidharrao Dharmadhikari

Advocate.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD.

VAKILPATRA

WRIT PETITION NO. __________OF 2020

Dist. Latur
_____________________________

Jayant S/o Murlidharrao Dharmadhikari and Ors. Petitioner / Appellant.

_____________________________

VERSUS
____________________________
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The State of Maharashtra & Ors. Respondents / Opponent.

_____________________________

I,/ WE, 1. Jayant Murlidharrao Dharmadhikari

Age. 54Yrs. Occ. Service.
2. Padmanabh Murlidharrao Dharmadhikari
Age. 44 Yrs. Occ. Agri.
3. Narayan Murlidharrao Dharmadhikari
Age. 37 Yrs. Occ. Agri.
4. Pushpabai Murlidharrao Dharmadhikari
Age. 74 Yrs. Occ. Agri.
All R/o Vivekanandapuram Narayan Nagar Latur. Dist. Latur, do
hereby appoint and authorize,

DHANANJAY DESHPANDE
Advocate High Court, Aurangabad

To appear, act on my / our behalf in the above matter.

In witness whereof I / We set my / our hands to this writings on this
______th day of ________ 2020.

Accepted. Signature.

DHANANJAY DESHPANDE.
Advocate, High Court,
Aurangabad.
Cell - 9822344017.
ADV. CODE – 688.
E-mail : deshpandeadv@gmail.com
I am not a member of welfare fund scheme and hence stamp of Rs. 2 /-
not affixed here with.