SURYALAXMI COTTON MILLS LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY way of present petition, the petitioner is challenging the resolution dated 26th March, 2003, passed by the respondent No. 3-Standing Committee of nagpur Zilla Parishad, thereby resolving to cancel the resolution dated 4th September, 2002 passed by the respondent No. 4-Gram panchayat and the order dated 7th May, 2003 passed by the Chief Executive Officer of nagpur Zilla Parishad -the respondent No. 2 herein, thereby informing the respondent No. 4-Gram Panchayat that the resolution passed by it dated 4th September, 2002 is cancelled and directing the respondent No. 4-Gram panchayat to take further steps in accordance with Section 125 of the Bombay Village panchayats Act (hereinafter referred to as "the said Act" for short), and to submit a fresh proposal to the Zilla Parishad.

(2.) THE facts in brief out of which the present petition arise, are as under :-The petitioner is a public limited company manufacturing cloth and it has its denim Division situated within the jurisdiction of Nagardhan Gram Panchayat-the respondent no. 4 herein. It is the contention of the petitioner that Nagardhan is situated in backward area and there is no other industry nearby. The petitioner Company started its manufacturing operations in the year 1990. For establishing its factory, it acquired the lands which are situated at a distance of about 3 kms. from the abadi of Village-Nagardhan. It is the contention of the petitioner that one of its objects for establishing the factory, was to provide employment to the local population.

(3.) IT is further contended by the petitioner that it has constructed the factory, labourer colony, colony for security staff and also for residential accommodation for the employees working in the petitioner Company. The petitioner Company further contended that insofar as the construction of road, drains, etc. are concerned the petitioner Company, on its own, constructed all these facilities in the factory premises, and that it has made provisions for street lights in the factory area and also in the area outside the factory by installing electric poles. The petitioner company contended that it has constructed latrines, urinals and is fully maintaining sanitation and cleaning the pits etc. The petitioner Company has also provided for drinking water to entire factory staff and others and also water required for other purpose. It is the contention of the petitioner Company that it has also made facility of garden, recreation, playground in the area occupied by it. The petitioner Company also contended that it incurred expenses for social activities, tournaments, etc. wherein children and others participate. The petitioner Company further contended that the respondent No. 4-Gram panchayat has not contributed a single pie for providing these facilities to the petitioner company either towards drinking water, the sanitation, recreation or street lights. It is contended that on the contrary, the petitioner company has provided certain help to the gram Panchayat.