JALINDAR VINAYAK PANDARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner seeks directions against the respondents to initiate legal proceedings against respondent Nos.7 to 9 and to remove the encroachment and illegal construction made by them over the bank of Visapur dam situated at Taluka Shrigonda, District Ahmednagar as per the Government Circular dtd. 7/9/2010 and 10/10/2013 and also to initiate legal proceedings against respondent Nos.7 to 9 for illegally using Government land from 2008 till handing over of the possession of the encroached land.

(2.) The petitioner, who is resident of Pimpalgaon Pisa, Taluka Shrigonda, District Ahmednagar, has contended that the water dam, namely, Visapur dam was constructed at Visapur, Taluka Shrigonda, District Ahmednagar at the bank of river in the Government land. Respondent No.9 is the Police Patil of the village and by using his position, respondent Nos.7 to 9 have applied to respondent Nos.3 and 4 to permit them to cultivate the land admeasuring 1 H each, which is at the bank of the dam. By order dtd. 4/9/2004 and 29/11/2007, respondent No.4 had granted permission to respondent Nos.7 to 9 to cultivate 1 H land each till 31/10/2008. Thereafter, respondent Nos.7 to 9 have made encroachment over the land which is near about 30-40 Acres and without permission from the Irrigation Department, they have also obtained the electricity connection over the said encroached area and they are directly fetching water from the dam. None of the public officers are taking cognizance of the same. When the petitioner got knowledge about the illegality committed by respondent Nos.7 to 9, he sought information from respondent No.5. Respondent No.5 by communication dtd. 1/12/2015 informed the petitioner that no permission has been granted to any person to cultivate the land at the bank of Visapur dam. By such illegal activity, respondent Nos.7 to 9 are also causing damage to the dam as well as the tank as there is rampant illegal fetching of water. Respondent Nos.7 to 9 have given reply to the communication by the respondents/authorities on 7/12/2017 stating that since 2004 they are in possession of the land and have paid the charges upto the year 2005. Maharashtra Krishna Khore Vikas Mahamandal by its communication dtd. 28/3/2018 directed respondent No.5 to remove encroachment made by respondent Nos.7 to 9 with the help of police authorities, as respondent Nos.7 to 9 made assault over the authorities of said Mahamandal when they had gone for inspection of the area encroached upon. Respondent No.3 Collector, Ahmednagar by communication dtd. 11/5/2018 directed respondent No.5 Kukadi Irrigation Department to remove the encroachment made by respondent Nos.7 to 9 and initiate criminal action against them. The said authority i.e. respondent No.5 has also admitted that illegality has been committed by respondent Nos.7 to 9. Panchanama has been drawn in respect of encroached area and respondent No.5 by communication dtd. 4/1/2019 had directed respondent Nos.7 to 9 not to cultivate the land, still neither the encroachment has been removed, nor any action has been taken against respondent Nos.7 to 9. The possession of respondent Nos.7 to 9 is illegal on the government land. The construction upon the same is also illegal. Hence, this petition.

(3.) On behalf of respondent No.3 affidavit-in-reply has been filed by Mr. Sandeep Vishnu Nichit, the Additional District Collector, Ahmednagar, wherein it has been admitted that on the application of respondent Nos.7 to 9, respondent No.4 had granted permission to them to cultivate the alluvial land admeasuring 1 H situated adjacent to Visapur dam. The said permission was till 31/10/2008 only. Thereafter, no such permission has been granted by respondent No.4 to respondent Nos.7 to 9. After receiving the petitioner's application regarding removal of encroachment and illegal entries of the alluvial to the land adjacent to Visapur dam, the Additional Collector, Ahmednagar has immediately directed the inquiry and sought report. On receving the report, the Additional Collector, Ahmednagar by its communication dtd. 11/5/2018 informed the Executive Engineer, Kukadi Irrigation, Division No.2, Shrigonda to take appropriate steps in view of Circular dtd. 10/10/2013. The responsibility is of the concerned department to prevent the encroachment over the land, in whose possession the Government land is given i.e. the Government department. It is the responsibility of that department only to lodge the FIR also.