Pradosh s/o Somaji Patil v. State of Maharashtra through its Secretary, Ministry of Irrigation, Mantralaya, Mumbai
2010-02-10
S.A.BOBDE, VASANTI A.NAIK
body2010
DigiLaw.ai
JUDGMENT: S.A. BOBDE, J. 1] Rule returnable forthwith. Heard by consent. 2] This is a petition in respect of villagers of village Jiwnapur, Tahsil Kuhi, District : Nagpur who are to be resettled in accordance with the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. The villagers are being dislodged from their village due to submergence under the water of river Vainganga due to Gosi Khurd Dam. 3] Shri Parchure, learned counsel for the petitioner has raised the following three grievances: Firstly according to Shri Parchure the plots that have been handed over to the villagers for constructing of their houses are uneven in the sense that the land is not leveled enough for construction of houses. Shri Palshikar, learned counsel for the respondent 2 & 3 states that the government resolution dated 12.8.1967 states that the evenness should be done by the villagers themselves at their own cost. He relies on the following portion of the Government Resolution dated 12.8.1967 “(A) Gaothan sites and plots: Resettlement Officers under the control of the Deputy Directors of Resettlement and Chief Executive Officers of Zilla Parishads should arrange for selection of the sites for new gaothan in consultation with the villagers affected. When the site is finalized,d the Resettlement Officer should get the lay out of plots prepared by the Town Planning Department. He should thereafter arrange the laying out of plots on ground through the D.I.L.R. Staff and distribute the plots to the affected villagers. Fixing of boundary stones, removal of debris, stones and unevenness, should be done by the villagers themselves at their own cost. (B)Constitution of approach and internal roads: Work of construction of approach and internal roads should be taken up normally after the villagers are shifted to new gaothan by setting up temporary abodes. In any case, the work should not be started unless the villagers have taken up construction of houses at the new Gaothan site and completed upto the plinth level. This will ensure that the site is finally accepted by the villagers and there is no likelihood of any change.” We are of the view that unevenness referred to in this government resolution is not of the kind which involves such imbalance in levels which makes construction impossible.
This will ensure that the site is finally accepted by the villagers and there is no likelihood of any change.” We are of the view that unevenness referred to in this government resolution is not of the kind which involves such imbalance in levels which makes construction impossible. Indeed if the unevenness in the level of the land itself is substantial and the villagers are called upon to do the levelling then in all probabilities their funds would be exhausted in doing the leveling work and very little would remain for the construction of the houses. In order to make rehabilitation package meaningful we consider it proper to direct respondents to do the levelling of the land which is allotted for rehabilitation of village Jivnapur at their own cost and provide leveled land for rehabilitation of the said village. 4] Secondly, Shri Parchure submits about the problem of drinking water in the proposed site for rehabilitation. Shri Palshikar, however, submits that there is no problem since the capacity of the overhead tank reservoir is about 1,07,000 liters and the consumption is 55 liters per-capita. He therefore, submits that there is enough water for 1000 people who are proposed to be rehabilitated. We see no reason to give any direction in this regard. However, petitioners are at liberty to make appropriate representation for solving the water problem, if any, and we expect the respondent authorities to ensure that there is no drinking water problem in the area. 5] The third submission of Shri Parchure, is relating to electricity poles which according to the learned counsel have been uprooted due to storm and the freshly installed poles are capable of toppling over, in case there is strong wind. It is not possible to go into the details of this problem in this proceeding. We therefore, direct the petitioners to make appropriate representation to the respondents by pointing out the alleged defects. Respondents shall consider representation and give appropriate directions to the M.S.E.D.C.L. for properly fixing the poles. 6] In the result, rule is made absolute to the extent indicated above.