CHIMAN NARAYAN TARAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE petitions relate to the question of acquisition of some of the lands of village Kiwale, Taluka-Haveli, District-Pune, in connection with Mumbai-Pune Express Highway. In the first of the two petitions, there are five petitioners belonging to one Taras family of the said village. In the other petition, there are three petitioners of Admane family and another, one Mrs. Mukta Sunil Chaitanya is having interest in one of the lands of that village under acquisition, though she resides at Nigadi, Pune. Needless to say, the petitioners of the first petition are of village Kiwale.

(2.) IT is an admitted position that the acquisition work for the said project was initiated in the year 1995 and the work had commenced. While acquisition proceedings were in progress under section 9 of the Land Acquisition Act, 1894, there appeared newspaper items to the effect that the changes are being thought of at different places on the said Expressway, particularly with reference to the village Kiwale. This item did appear in the newspaper Prabhat in its issue dated 18th May, 1997 and that story was reported by one Mr. Sudamrao Taras. He had also issued a threat of self-immolate, if changes are made. According to him, other 45 Agriculturists were also with him to join the same. A copy of this news item is produced

(3.) IT was a general feeling that in order to save a particular stretch of land which was with regard to "devivan", the entire exercise of change in alingment has been done.