Bombay High Court
Bala S/O Sharavan Dahake vs State Of Maharashtra, Through The ... on 29 October, 2021
Author: Anil L. Pansare
Bench: S.B. Shukre, Anil Laxman Pansare
1/6 01-WP 1313.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1313 OF 2019
(Bala Shravan Dahake vs. State of Maharashtra and others)
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders. or
directions and Registrar's orders.
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Mr. A. H. Jamal, Advocate for petitioner.
Mr. D. P. Thakare, Addl.GP for respondent Nos.1 to 3.
Mr. Sanjay Jagtap and Mr. H.D.Marathe for VIDC.
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATE : 29/10/2021
CIVIL APPLICATION NO. 1729 OF 2021
Heard.
2. This application has been moved with a prayer for vacating the order of status-quo passed by this Court on Civil Application No.1646 of 2021. The status-quo order was passed as an urgency was expressed by the petitioner that if his possession was not protected, grave prejudice will be caused to him as the respondents are out to evict the petitioner from his house, situated at village Sonarwahi.
3. Learned Additional Government Pleader submits that the aforesaid interim relief has been granted KOLHE ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 08:38:42 ::: 2/6 01-WP 1313.2019 without considering the question as to whether or not, the petitioner has a right to retain the possession of the land/ house in question. He submits that the house and the land has been acquired for public purpose and final award of compensation has been passed way back on 29/01/2001 and that this petitioner has also accepted the compensation.
4. It is further submitted that the special package has also been provided to this petitioner. He further points out that similar is the situation of the petitioners in the connected matters. He further submits that as a part of the special package, this petitioner together with 15 other house owners from village Sonarwahi, were to be rehabilitated at village Bothali, but, it was accepted by only two house owners and remaining 14 house owners refused to go to village Bothali and therefore, the administration decided to rehabilitate and re-settle house these owners including the petitioner at village Chirvha.
5. It is further submitted that even for rehabilitation and re-settlement of the petitioner at village Chirvha, some delay was caused as some villagers of Tekepar objecting rehabilitation of petitioners at Chirvha approached the National Green Tribunal and after the directions were given by the National Green Tribunal, the layouts of Chirvha projects were revised and now the KOLHE ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 08:38:42 ::: 3/6 01-WP 1313.2019 process of providing of essential civic amenities is in process which is likely to take some time.
6. The learned Additional Government Pleader submits that village Sonarwahi where the petitioner is presently located, falls under the submergence area of National Project of Irrigation called Gosekhurd Project and the administrators are unable to store water in Gosekhurd reservoir to its full capacity for the fear of 14 house owners including the petitioner getting severely affected due to increase in water level. He points out that in the larger public interest, it is necessary that the reservoir stores water in full capacity and presently because of active occupation of village Sonarwahi by persons like the petitioner, storage capacity of Gosekhurd reservoir has been reduced by 205.865 cubic mm from the full capacity at 1146.075 cubic mm.
7. He further submits that as larger public interests and of the farmers in particular area getting affected severely, and there being no fault on the part of the administrators in rehabilitating the petitioner and other similarly situated persons to other villages, the Administrators have provided constructed houses equipped with all basic amenities for temporary residence of the petitioner and other similarly situated persons at village Veltur Irrigation Colony and therefore, it would KOLHE ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 08:38:42 ::: 4/6 01-WP 1313.2019 not only be in larger public interest, but also in the interest of the petitioner and other similarly situated persons to temporarily shift to Veltur Irrigation Colony. It is also assured by the learned Additional Government Pleader that once the basic amenities are provided at village Chirvha, petitioner and other similarly situated persons can be shifted and rehabilitated at village Chirvha, which is their desire, but it is requested that till that happened, the petitioner must not cause any obstruction in achieving the larger interest of public, especially when the petitioner and other similarly situated persons have lost right to occupy the land/house in question after having received the compensation amount which was passed way back in the year 2001.
8. These contentions are strongly opposed by the learned counsel for the petitioner. He submits that grave prejudice would be caused to the petitioner if the application is allowed and the petitioner would have nowhere to go as he would be losing his property at Sonarwahi.
9. We are of the view that in a case like this, it is necessary that larger interests of public and individual interest of persons like the petitioner are required to be balanced with each other, so that no prejudice is caused to any of them and if this is to be done, instead of KOLHE ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 08:38:42 ::: 5/6 01-WP 1313.2019 vacating the interim relief, this Court would have to consider modification of the interim order.
10. In view of what is stated above and in the application, we are of the considered opinion that the interim order passed by this Court on 26/10/2021 can be modified and if it is done, it would cause no prejudice to the petitioner, as ultimately limited right of the petitioner to have an alternate accommodation would continue to exist by accepting the proposal of the administrators.
11. Accordingly, we find that the petitioner who has already received the compensation in pursuance of award passed in the year 2001 would have to accept the interim arrangement made by respondent No.3 for his temporary relocation and rehabilitation to village Veltur, where there is an Irrigation Colony and where the houses have already been constructed, well equipped with basic amenities and which are ready for their occupation.
12. In view of the above, the order dated 26/10/2021, granting status-quo in the matter is modified and it is directed that the petitioner shall accept the offer of temporary relocation by vacating the existing land/house and shifting to accommodation being provided to him at village Veltur, for the time being and only by way of a temporary arrangement, keeping intact KOLHE ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 08:38:42 ::: 6/6 01-WP 1313.2019 the right of the petitioner arising from rehabilitation and resettlement package already approved by the State, which right is being asserted in this petition.
13. We further direct that all the basic amenities at the houses constructed at village Chirvha shall be provided within a period of six months from the date of the order.
14. The application is accordingly disposed of.
CIVIL APPLICATION NO. 1696 OF 2021 It is seen that the Vidarbha Irrigation Development Corporation is a necessary party and therefore, the application is allowed.
2. Accordingly, Vidarbha Irrigation Development Corporation is directed to be added as party respondent in all these connected petitions on or before the next date. Liberty is granted to the newly added respondent to file reply.
3. Application is disposed of.
4. Authenticated copy of this order be furnished to the parties.
JUDGE JUDGE
KOLHE
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