HC stays change in Expressway alignment

MARCH 14: Challenges to the state government's acquisition of land in Pune for the construction of the multi crore Mumbai-Pune Expressway...

MARCH 14: Challenges to the state government8217;s acquisition of land in Pune for the construction of the multi crore Mumbai-Pune Expressway, does not seem to ebb. After a group of villagers sought the Bombay High Court8217;s intervention against permanent acquisition of land for purposes of gathering murum, another group of villagers, this time from Kiwale village have moved court protesting against a change in alignment through their village. They allege that the alignment was being changed only to help one individual who owned land in the area.

In an ongoing hearing of the case, pending its final disposal, the Bombay High Court last week stayed the changed alignment of the State Expressway through Kiwale village and has even instructed the state government not to cut any trees along the proposed new alignment.

Chiman Narayan Taras and 45 other farmers had already given up their Jirayat not suitable for irrigation land in their village Kiwale to the state government for the purposes of the State Expressway.While proceedings for the acquisition of the land was completed in May 1996 with the notifications published, the villagers were in for a shock when nearly after a year in 1997, the state declared its intention to change the alignment. They argued that the fresh alignment would endanger their fertile land, crops and means of livelihood.

The Kiwale farmers who eventually landed in court argued that the decision to change the alignment was being done to save the farmhouse of one K P Bani who was allegedly close to the state government. They charged that the government did not provide them a copy of the fresh survey report based on which the alignment was to be changed.

However, in its affidavit the state government argued that the old alignment was being cancelled because a fresh survey done showed that the state government would have to shoulder an additional burden of lakhs of rupees if the alignment was maintained. It also argued that the new alignment would improve the environment.

In their interimorder, the division bench of Justice A P Shah and Justice P D Upasani noted that the financial burden pointed out by the state government was based on a survey done by a private agency which was not even mentioned in the state government8217;s affidavit. Further, the additional financial burden involved was to be based solely on the estimation made by Bani in his representation to the state government. The bench noted that Bani had complained about the alignment since his properties and farmhouses were affected by it.

8220;After going through the records, we find that the district collector had opposed the change of alignment since this would create additional financial burden on the state,8221; stated the bench adding, 8220;It is also seen from the files that one Jawdekar, who is the local MLA has strongly recommended Bani8217;s case.8221;

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Since the petitioners had alleged that the farmhouse and swimming pools constructed by Bani were illegal, the bench expressed surprise that the state affidavit took the stand that itcould not be concerned on the legalities of the construction. On the issue of environment, the bench after seeing photographs of the petitioners8217; lands acknowledged their contention that hundreds of trees and plantations were likely to be affected due to the change in alignment.

8220;It would be difficult to accept, at least at this prima facie stage the argument of the government that the change in the alignment was made with a view to save the environment. Prima facie, we find that the alignment was changed only with a view to favour Bani,8221; ruled the court.

Following a final disposal of the plea on March 30, the court has ruled that the status quo be continued.