NAVNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioners are invoking the writ jurisdiction of this Court to challenge the acquisition of their lands for what is known as "Sangamwadi Minor Irrigation Project". The said project when completed will irrigate about 905 hectares of land in the draught prone areas like Ahmedpur, Nilanga, Ausa, Udgir and Chakur of Latur district which have been identified as such for the purposes of the draught prone area programme. The present site wherein the said project is being undertaken has been chosen after carrying out a technical evaluation such as water availability, topography, economic feasibility, the cost of rehabilitation, etc.

(3.) The challenge to the project has had a chequered history inasmuch as Writ Petition No. 3613of 2000 came to be filed in this Court challenging the said project at the threshold. The said writ petition was dismissed by a Division Bench of this Court by order dated 27-9-2000.