1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION WRIT PETITION NO.4999 OF 2009 Shree Ramchandra Devasthan ...Petitioners. v. Gram Panchayat, Girnare & Ors. ...Respondents. Mr.Sanjay Shinde i/by M.M.Sathaye, advs. For the Petitioners. Mr.Milind Deshmukh, adv. For the Respondent No.1. Mr.S.D.Rayarikar, AGP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : 2nd February , 2010. P.C. 1 Rule. Rule made returnable forthwith. With consent of the learned counsel for the parties, petition is taken up for final hearing immediately. 2 Petitioner is a registered public trust and holder of the land bearing gat no.404/2 situated within the limits of Village Girnare, Taluka and District:Nashik. Earlier land gat no.404/1, belonging to the petitioners was acquired by the Government and was initially given to the respondent no.1 Gram Panchayat but as no development was made, the land was taken back by the Government. The petitioners thereafter sought permission from the Joint Charity Commissioner to develop the 2 said land . That application was opposed by the Gram Panchayat, Girnare and its officers. However, the objection was overruled and the permission was granted as per the order dated 25.9.2001. Petitioners were also granted permission to convert land to Non Agricultural use by the Sub Divisional Officer, Nashik. That order was challenged by the Gram Panchayat before the Additional Collector by appeal and then before the Additional Commissioner in Revision the Appeal and Revision, both were rejected. After obtaining permission to convert the land to the non agricultural use, the petitioners made application to the Respondent/Gram Panchayat for construction and development on a plot from the said gat no.404/2. However, that application was rejected. Appeal filed by the petitioners was also dismissed by the Standing Committee of Zilla Parishad, Nashik. Petitioners by this petition have challenged the rejection of application by the Gram Panchayat. According to the petitioners , there is no justification to refuse that permission. 3 It appears that Gram Panchayat was confused about the land gat no.404/1 and land gat no.404/2. As far as land gat no.404/1 is concerned, it was already acquired by the Government and, therefore, the petitioners have no more right, title, or interest in that land. If the Gram 3 Panchayat is interested in that land, it can move the Government to allot the same to the Gram Panchayat for development of the village. However, as per the resolution passed on 15th August, 2005 in the Gram Sabha of the village, it was decided to move the Government to make available land gat no.404/2 admeasuring 20 Hectares to be used as gavthan so that the village could be developed. That resolution was sent to Tehsildar, Nashik on 12.9.2005 with a request to make the land available to the Gram Panchayat for gavthan. However, the Government or the Collector has not taken any steps so far for acquisition of the said land and, therefore, undisputedly, the title and possession over that property is with the petitioners. The Gram Panchayat can not forcibly take possession nor it can refuse permission to develop the same without any valid reasons. In view of this the order/resolution passed by the Gram Panchayat rejecting application of the petitioners for development and construction could not be sustained. However, taking into consideration the resolution passed by the Gram Sabha on 15th August, 2005, in my considered opinion, following order will meet the ends of justice: i Gram Panchayat, Girnare shall be at liberty to move the Collector/Government for acquisition of the land gat no.404/2. However, 4 if no steps are taken for acquisition of land within one year from this day, Gram Panchayat shall grant permission to the petitioners to develop the land and make construction thereon as per their application as per the Rules, as if the Gram Panchayat does not require the said land. For this purpose, Notification under Section 4 of the Land Acquisition Act shall be deemed to be the first step for acquisition. Petition stands disposed off accordingly. (J.H. BHATIA,J.)