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Sou.Kanchan Shivaji Atigre vs Mahadev Baban Ranjagane & Ors on 12 October, 2012

Clause (j-3) of section 14(1) of the said Act, which is reproduced above, covers the cases where a member of a Panchayat resides in a portion encroached upon the Government land or public property. It will not be necessary in such a situation to establish that such member is the owner of the property adjacent to the encroached portion. The question as to whether any other member of the family has made an encroachment, loses its significance. In the facts and circumstances of this case, it was not be necessary for the respondents to establish that it is the petitioner herself has encroached upon the Government land. The decision of the learned Single Judge of this Court in the case of Kanchan Shivaji Atigre vs. Mahadev Baban Ranjagane and others, 2013(1) Mh.L.J. 455, relied upon by the learned counsel for the petitioner, would not, therefore, be applicable in the facts of the present case."
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