NAMDEO LAXMANRAO YEOTKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The grievance of the petitioner is that because of the dumping of soil on the land of Gat no.553, the land of the petitioner bearing Gat no.557 in the rainy season becomes inundated and consequently unfit for cultivation.

(2.) Mr. Kukday, learned counsel for the respondent nos.3 and 4 disputes this position by contending that there is trench already existing between the boundary of Gat nos.553 and 557, which then flows to the southern side, where also there is trench and drains away. He, upon instructions, to rectify the situation, makes a statement that the soil dumped adjacent to the boundary of Gat no.553 would be removed back about 15 to 20 meters on the southern side, in addition to which, the existing trench between the boundary of Gat nos.553 and 557 would be further excavated and connected to the trench on the western side to divert the flow of the water away from the land of Gat no.557.

(3.) The statement is accepted as statement to the Court. The activity indicated above, would be carried out within a period of six weeks from today. It is also made clear that the trenches indicated above would be periodically maintained by the respondent nos.3 and 4 to ensure the flow of water away from the land of Gat no.557.