Bombay High Court
Ashwini Roshan Kumre vs State Of Maha., Thr. Secy., Dept. Of ... on 12 January, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 260/2024
(ASHWINI ROSHAN KUMRE VERSUS THE STATE OF MAHARASHTRA & OTHERS)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri A.A. Dhawas, counsel for the petitioner.
Shri H.D. Marathe, Assistant Government Pleader for the respondents.
CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
DATE : JANUARY 12, 2024.
Heard.
2. The challenge raised in this petition is to the notification dated 24.11.2023 wherein the land of the petitioner is sought to be acquired.
3. Our attention is invited to the notification dated 04.03.2014 whereby the Rules are framed by the State Government under Maharashtra Village Panchayats Extension to Scheduled Areas (PESA) Rules, 2014 (for short, 'the Rules of 2014') in exercise of powers vested under the provisions of Maharashtra Village Panchayat Act, 1958.
4. Mr. Dhawas, the learned counsel for the petitioner submits that Rule 26 provides for consultation before land acquisition. He would claim that plain reading of the said Rule, which reads thus:
"26. Consultation before land acquisition:
(1)When the Government considers to acquire land in the Scheduled Area under the provisions of any Act, is in the force, the Government or the concerned land acquiring authority shall submit to the Gram Sabha, the following written information along with the proposal, namely:-
(i) The complete outline of the proposed project including the possible impact of the project on natural resources and people residing near it;
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(ii) details of the proposed land acquisition;
(iii) New People like to settle in the village and possible impact on the area and society, and the proposed participation, amount of compensation, job opportunities for the people of the village, etc;
(iv) Rehabilitation plan.
(2) After getting complete information, the concerned Gram Sabhas shall be competent to call the representative of the concerned authorities and the Government to discuss with them either individually or collectively. It shall be mandatory for all such persons summoned to furnish point-wise clear and correct information.
(3) The Gram Sabha after considering all the facts, shall make a recommendation regarding the proposed land acquisition and rehabilitation plan of persons displaced. (4) The recommendation of the Gram Sabha shall be considered by the Collector.
(5) In case the Collector is not in agreement with the recommendations of the Gram Sabha, he shall sent the case again to the Gram Sabha for reconsideration. (6) If after a second consultation, the Collector passes an order against the recommendations of the Gram Sabha, he shall record the reasons for doing so in writing and it shall sent to Gram Sabha for information. (7) In case of big projects, all the Gram Sabhas, which are affected by such projects shall be consulted. demonstrates that the same is mandatory in nature.
5. He would urge that the respondents before issuing notification for acquisition have not complied with the mandatory procedure contemplated under the said Rule and as such, rendered the acquisition proceedings bad.
6. Hence, issue notice to the respondents returnable on February 08, 2024.
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7. Learned Assistant Government Pleader Shri H.D. Marathe waives service of notice for respondents.
8. To be heard along with Writ Petition No. 215 of 2024.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) APTE Signed by: Apte Designation: PS To Honourable Judge Date: 12/01/2024 12:48:04