Bombay High Court
Ramdas Kaluram Kalane And Others vs The Union Of India Through The Secretary ... on 2 July, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
6426.24wp
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6426 OF 2024
RAMDAS KALURAM KALANE AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE SECRETARY AND
OTHERS
....
Mr A. V. Hon, Advocate for Petitioners;
Mr S. W. Munde, Standing Counsel for Respondent Nos.1 to 3
Mr S. K. Tambe, A.G.P. for Respondent Nos.4 & 5
CORAM : RAVINDRA V. GHUGE
AND
Y. G. KHOBRAGADE, JJ.
DATE : 2nd July, 2024 PER COURT:
1. Issue notice to the Respondent, returnable on 30/07/2024. The learned Standing Counsel waives service of notice on behalf of Respondent Nos.1 to 3. The learned A.G.P. waives service of notice on behalf of Respondent Nos.4 and 5.
2. The Petitioners claim to have taken horticultural crops, like Lemon and Mangoes. These were standing trees in the land at issue. 125 such fruits bearing trees have been chopped down by the Railway Authorities, is the contention. The learned 6426.24wp (2) A.G.P. submits that, this aspect will have to be scrutinized on the basis of the factual situation and the revenue records.
3. Since the Petitioners claim that the possession of their land has already been taken by the Railway Authorities for the project of doubling of railway track from Daund to Manmad at Belwandi Tq. Shrigonda, Dist. Ahmednagar and since the project is said to be underway, by way of an interim order, we record that, if this Court concludes that the Petitioners' land has been unauthorizedly utilized for the public project, the law laid down in Vidya Devi Vs. State of Himachal Pradesh and others, [(2020)
2 SCC 569], would be followed and we would direct payment of compensation to the Petitioners under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk