RAMSHANKAR MANMOHANLAL PANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioners have challenged certain actions, including the action of acquisition of land by the Nagpur Improvement Trust on the ground mentioned in the petition. Identical petitions are filed by 14 more persons by nine more writ petitions. All of them complain of the same set of circumstances and raise identical questions of fact and law. In fact, all these petitions arise from out of one improvement scheme framed by the N. I. T. , execution and implementation of which is assailed in all these petitions. The details of other petitions are mentioned in the schedule attached to this judgment, which will form part and parcel of this judgment. Since all these petitions raised identical questions of fact and law, all concerned parties agreed that all these petitions can be disposed of conveniently by a common argument and judgment. We, accordingly, have heard the learned Counsel for the petitioners; learned Counsel for the N. I. T. and learned Counsel for the original owners of the entire land involved in the development scheme, as envisaged by the N. I. T.

(2.) IT will be better to consider, in extenso the prayes that have been made in this petition :-

(3.) IT will be, therefore, seen that the petitioners are assailing the land acquisition proceedings in respect of Survey No. 320 and other lands, admeasuring 8. 70 acres of village Sitabuldi in Nagpur. They claim that their possession over the leasehold property cannot be taken away except by process of law. They also challenge the action of the N. I. T. in increasing the radius of the area and by prayer 3 they seek their resettlement or rehabilitation by providing alternative accommodation before demolishing the premises in question.