Bombay High Court
Waman S/O. Narayan Dahake vs State Of Maha. Thr. The Collector, ... on 19 July, 2016
Author: Swapna Joshi
Bench: Vasanti A. Naik, Swapna Joshi
1/15 1907WP1889.16+12-Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1889 OF 2016
PETITIONERS:- Manik s/o Rajaram Thakre (Dead)
1) Ramkrishna s/o Manik Thakre, Aged:65
years, Occu.: Agriculturist,
2) Moreshwar s/o Manik Thakre, Aged:55
years, Occu.: Agriculturist,
ig 3) Sulka Bai wd/o Manik Thakre, Aged:75
years, Occu.: Agriculturist,
All R/o Sonarwahi, Post: Sirsi, Tah.Kuhi,
Distt. Nagpur.
4) Zamo Bai Alias Panchfula w/o Namdeorao
Mahelle & D/o Manikrao Thakre, Aged: 45
years, Occ.: Agriculturist, R/o At Muhi, Post
Tigaon, Tah. Pandhurna, District Chindwada
(M.P.)
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1890 OF 2016
PETITIONER:- Shalik s/o Sharavan Dahake, Aged: 55 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 :::
2/15 1907WP1889.16+12-Judgment
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1891 OF 2016
PETITIONER:- Anandrao s/o Sharavan Dahake, Aged:70
years, Occu.: Agriculturist, R/o Sonarwahi,
Post: Sirsi, Tah.Kuhi, Distt. Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1892 OF 2016
PETITIONER:- Waman s/o Narayan Dahake, Aged:55 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 :::
3/15 1907WP1889.16+12-Judgment
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1893 OF 2016
PETITIONER:- Rama s/o Sharavan Dahake, Aged:47 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
ig ...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1894 OF 2016
PETITIONER:- Manik s/o Narayan Dahake, Aged:65 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 :::
4/15 1907WP1889.16+12-Judgment
WRIT PETITION NO. 1895 OF 2016
PETITIONERS:- Gopichand s/o Jumma Badge (Dead)
Through Legal Heirs.
1) Prahalad s/o Gopichand Badge (Dead),
Through Legal heirs.
a) Vatchala Wd/o Prahalad Badge,
Aged:55 years, Occu.: Agriculturist,
b) Shalu W/o Arvind Khandekar, Aged: 35
years, Occu: Agriculturist,
c) Mangesh S/o Prahalad Badge, Aged: 32
ig years, Occu: Agriculturist,
d) Tathagat S/o Prahlad Badge, Aged: 26
Years, Occu: Agriculturist,
e) Jaishri W/o Dinesh Indurkar, Aged: 24
years, Occu: Agriculturist,
2) Sudam S/o Gopichand Badge, Aged: 53
years, Occu: Agriculturist,
3) Dalit S/o Gopichand Badge, Aged: 49
years, Occu: Agriculturist,
All 1(a) to (e), 2, 3 are
R/o Sonarwahi, Post: Sirsi, Tah.Kuhi,
Distt. Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 :::
5/15 1907WP1889.16+12-Judgment
WRIT PETITION NO. 1896 OF 2016
PETITIONER:- Dada s/o Narayan Dahake, Aged:45 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
ig 3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1897 OF 2016
PETITIONER:- Bala s/o Sharavan Dahake, Aged:58 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1898 OF 2016
PETITIONER:- Kisan s/o Sharavan Dahake, Aged:60 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 :::
6/15 1907WP1889.16+12-Judgment
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1899 OF 2016
PETITIONER:- Karu s/o Sharavan Dahake, Aged:65 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1900 OF 2016
PETITIONER:- Ishwar s/o Jumma Badge, Aged:65 years,
Occu.: Agriculturist, R/o Sonarwahi, Post:
Sirsi, Tah.Kuhi, Distt. Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 :::
7/15 1907WP1889.16+12-Judgment
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
WRIT PETITION NO. 1901 OF 2016
PETITIONERS:- 1) Smt. Sunita W/o Damodhar Shiwankar,
Aged:42 years, Occu.: Agriculturist, R/o
Sonarwahi, Post: Sirsi, Tah.Kuhi, Distt.
Nagpur.
ig 2) Devangna Alias Deola W/o Raja Malode,
Aged: 40 years, Occu: Agriculturist, R/o
Sonarwahi, Post: Sirsi, Tah.Kuhi, Distt.
Nagpur.
...VERSUS...
RESPONDENTS :- 1) State of Maharashtra, Through The
Collector, Nagpur.
2) The Deputy Collector, Nagpur.
Both R/o Collectorate, Nagpur.
3) The Special Land Acquisition Officer No.2,
Vidharbha Patbandhare Mahamandal,
Collectorate, Nagpur.
---------------------------------------------------------------------------------------------------
Mr. A.H.Jamal, counsel for the petitioners.
Mrs. Bharti Dangre, Govt. Pleader for the respondents.
---------------------------------------------------------------------------------------------------
CORAM : SMT. VASANTI A. NAIK &
MRS.SWAPNA JOSHI, JJ.
DATED : 19.07.2016 ::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 ::: 8/15 1907WP1889.16+12-Judgment O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.) Since the issue involved in these writ petitions is identical and since almost identical orders passed against the petitioners are challenged therein, they are heard together and are decided by this common judgment.
Rule. Rule made returnable forthwith. The petitions are heard finally at the stage of admission with the consent of the learned counsel for the parties.
2) The petitioners were the agricultural land holders of Sonarwahi in District Nagpur. The land of the petitioners was acquired by the State of Maharashtra for Gosikhurd Project. The Award was passed on 29/01/2001. Though the land of the petitioners was acquired in the year 2001, the petitioners were not rehabilitated and land/plots were not alloted to them for rehabilitation, till the petitioners were rehabilitated at Marodi by the order, dated 30/04/2015. The petitioners were put in actual possession of the plots at Marodi. By the impugned communication, dated 09/06/2015, the respondents cancelled the allotment of the land to the petitioners at Marodi. The said order is impugned by the petitioners in the instant petition.
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 ::: 9/15 1907WP1889.16+12-Judgment
3) Shri A. H. Jamal, the learned counsel for the petitioners,
submitted that though the land of the petitioners was acquired in the year 2001 for Gosikhurd Project, the petitioners were not rehabilitated for a period of nearly fifteen years. It is stated that the respondents had decided to rehabilitate the petitioners at Bothali, but the petitioners were not ready to accept the plots at Bothali, as it was inconvenient for the petitioners to reside at Bothali. It is stated that the petitioners had sought for their relocation at some other appropriate place and the request of the petitioners was accepted and in April, 2015, the petitioners were alloted plots at Marodi and were also put in actual possession of the plots. It is stated that only on the dictates of the Hon'ble Guardian Minister of Nagpur, the allotment made in favour of the petitioners was cancelled by the impugned communication, dated 09/06/2015. It is stated that the impugned communication, dated 09/06/2015 recites that the Hon'ble Guardian Minister of Nagpur had directed the respondent-Authority, namely the Deputy Collector to cancel the allotment of plots in favour of the petitioners at Marodi and report compliance. It is stated that the impugned communication issued by the Deputy Collector, Gosikhurd, Nagpur to the Tahsildar, Kuhi, dated 09/06/2015 substantiates the fact that the allotment in favour of the petitioners was cancelled only on the dictates of the Hon'ble Guardian Minister of Nagpur.
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 ::: 10/15 1907WP1889.16+12-Judgment
4) Mrs. Bharti Dangre, the learned Government Pleader
appearing on behalf of the respondents, has supported the action on the part of the respondent-Deputy Collector, Nagpur in cancelling the allotment of plots in favour of the petitioners by the communication/ order dated 09/06/2015. It is stated that the petitioners were earlier sought to be shifted at Weltur and then at Bothali near the rice mill. It is stated that the allotment of plots at Bothali was not acceptable to the petitioners and a decision to allot the plots to the petitioners at Marodi was taken. It is stated that it is not disputed that the petitioners were alloted the plots at Marodi on 30/04/2015 and were also put in possession of the same. The learned Government Pleader stated that the action of cancellation of the allotment of plots was not at the behest of the Hon'ble Guardian Minister of Nagpur. It is stated that certain villagers from Kharada also wanted their rehabilitation at Marodi and they had threatened to go on hunger strike. It is stated that the Sarpanch of Kharada had given a representation to the Tahsildar, Kuhi on 27/05/2015 asking for the cancellation of the plots in favour of the petitioners or else the project affected persons from Kharada would go on hunger strike. It is stated that after this, the Police Station Officer at Weltur wrote to the Tahsil Magistrate, Tahsil Karyalaya, Kuhi that appropriate action may be taken in the matter, as the Hon'ble Guardian Minister of Nagpur had directed for the cancellation of the allotment of plots in favour of the petitioners and the project affected persons from ::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 ::: 11/15 1907WP1889.16+12-Judgment Kharada had threatened to go on hunger strike. It is stated that in the aforesaid background, the action of cancellation of allotment of plots was taken.
5) On hearing the learned counsel for the parties, we find that the allotment of plots in favour of the petitioners was cancelled only on the dictates of the Hon'ble Guardian Minister of Nagpur, as is clearly reflected from the communication issued by the Deputy Collector, Gosikhurd, Nagpur to the Tahsildar Kuhi, dated 09/06/2015.
It is mentioned in the impugned communication that sixteen project affected persons from Sonarwahi i.e. the petitioners herein were alloted plots as per the draw of lots and they were also put in possession of the respective plots. It is further stated in the impugned communication that some project affected persons from Kharada had made a grievance about the allotment of plots at Marodi to the petitioners and hence, the Hon'ble Guardian Minister of Nagpur had, on a representation made by the project affected persons at Kharada, directed the Deputy Collector, Gosikhurd, Nagpur to immediately cancel the allotment of plots in favour of the petitioners and also the possession receipts issued in their favour. It is apparent from the communication, dated 09/06/2015 that the impugned order of cancellation of the allotment of plots in favour of the petitioners was passed by the Deputy Collector, Gosikhurd, Nagpur solely on the dictates of the Hon'ble Guardian Minister of Nagpur, who ::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 ::: 12/15 1907WP1889.16+12-Judgment had directed the Deputy Collector, Gosikhurd, Nagpur to take immediate action in respect of cancellation of the allotment in favour of the petitioners and report compliance to him. The Deputy Collector, Gosikhurd, Nagpur could not have implemented the order of the Hon'ble Guardian Minister of Nagpur without considering the fact that the plots were already allotted to the petitioners and they were put in possession of the same. We do not find any reason in the impugned order, other than the order or diktat of the Hon'ble Guardian Minister of Nagpur, directing the Deputy Collector, Gosikhurd, Nagpur to cancel the allotment in favour of the petitioners. We find that the action on the part of the Deputy Collector in cancelling the allotment of the plots solely on the dictates of the Hon'ble Guardian Minister of Nagpur is bad in law and is liable to be set aside. When one party makes a grievance to an Hon'ble Minister or a Guardian Minister, the Hon'ble Minister or the Guardian Minister is not expected to issue directions to the Government Authorities to take action on their dictates. At the most, the party could be asked to take up appropriate proceedings for the redressal of the grievance. There could have been a suggestion for allotting some other plots at Marodi to the claimants of Kharada.
Instead of doing this, we find that the Hon'ble Guardian Minister of Nagpur directed the cancellation of the allotment of the plots in favour of the petitioners. The statement made in the affidavit-in-reply, that there was some agitation by the project affected persons from Kharada ::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 ::: 13/15 1907WP1889.16+12-Judgment and, therefore, with a view to prevent law and order situation, the allotment was cancelled appears to be only an eye wash. By the said reply, the respondents are trying to supplement the impugned order with reasons which we do not find in the impugned order. We do not find any force whatsoever in the submission made on behalf of the respondents that the cancellation of the plots was made only because some of the project affected persons from Kharada had threatened to go on hunger strike. We find that 275 project affected persons from Kharada were already rehabilitated at Marodi and they were asking for more plots. If an action is lawfully taken, merely because some persons, who are not pleased with the action, threaten to go on hunger strike, the action cannot be cancelled only on the basis of such threats. We find from the communication issued by the Police Station Officer at Weltur to the Tahsil Magistrate, Tahsil Karyalaya, Kuhi, which is surprisingly undated as there is no date on the said communication, which creates doubt about the date of preparation and the issuance of the same, that the Hon'ble Guardian Minister of Nagpur had already directed the cancellation of the allotment of plots in favour of the petitioners. We, therefore, do not find any merit whatsoever in the submission made on behalf of the respondents that with a view to prevent some persons from going on hunger strike, the action of cancellation of plots in favour of the petitioners was taken. We reiterate that the respondents could have found some more plots in Marodi, if it was really necessary to do ::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 ::: 14/15 1907WP1889.16+12-Judgment so, for rehabilitation of the remaining project affected persons, if any, from Kharada, at Marodi. We are firmly of the view that the action of cancellation of plots is taken by the respondents only on the diktat of the Hon'ble Guardian Minister of Nagpur. We further find that the allotment of the plots was cancelled without hearing the petitioners and without serving any notice on them. We find that the action on the part of the respondents of cancellation of the allotment of plots in favour of the petitioners is clearly illegal and the same cannot be sustained.
6) Hence, for the reasons aforesaid, the writ petitions are allowed. The impugned orders are quashed and set aside. Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
KHUNTE
::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 :::
15/15 1907WP1889.16+12-Judgment
C E R T I F I C A T E
I certify that this Judgment uploaded is a true and correct copy of original signed Judgment.
Uploaded by : G.S.Khunte, Uploaded on : 25/07/2016 P.A.to Hon'ble Judge ::: Uploaded on - 25/07/2016 ::: Downloaded on - 30/07/2016 09:55:45 :::