On 16.8.1983 one Dr. Vyas filed his Writ Petition before the High Court being No.
Against the decision of the Minis ter cancelling the permission granted by Additional Collec tor the petition was filed in the High Court on 5.12.83 under Arts.
The Commissioner made enquiries and on the spot inspection on 9th and 11th May, 1983, submitted his report on 17th May, 1983, it was received by the Govern ment on 18th May, 1983.
256 of 1985 and 4875 of 1984.
In this representation more or less similar grounds as were initially raised in representation to the M.L.A. were raised.
Grounds under Article 19 1 g also were raised.
It appears that thereafter some trouble started and the villagers round about Bhiwandi town which included also the villages mentioned above addressed a companyplaint to one Shri Sadanand Varde, M.L.A. from Bombay, making the following grievances i that the companystruction of the abattoir has been started without the permission of the Gram Panchayat, that companys, bulls and buffaloes were to be slaughtered in the abattoir, iii the abattoir was likely to pollute the air giving rise to diseases endangering the health of the villagers, iv that discharge of effluent from the abattoir in the river would pollute the river water which was used for drinking both by the villagers and cattle thereby endangering the life of the villagers as well as the cattle which is the means of livelihood of the villagers, that the prices of land would be reduced on account of pollution thereby preventing the industrial development of the villages and vi the religious feelings of the Hindus in Bhiwandi town and the villages would be hurt since the effluents from the abattoir would be discharged in the river where traditionally Hindus were immersing their Ganesh idols.
Collector granted the said permission by his order dated 5.4.1982 subject to certain terms and companyditions.
1982 of Additional Collector, Thane grant ing permission to the petitioners for companyverting the land to number agricultural use and prayed for stoppage of companystruction work and on the same day ad interim stay was granted by the High Court.
On 7th June, 1983 Al Kabeer Exports Pvt.
In the meantime on 5.4.83 a detailed representation was received against the venture abattoir by the Revenue Minister of the State from the Sarpanch of Savandhe Gorsai Group of Gram Panchayat and others.
By order dated 25.5.1983 Government further stayed the companystruction for a period of one month.
After selecting the site the petitioners obtained the requisite permission from the relevant authorities and on 4.4.1980 they obtained permission from the Sarpanch of the Group Gram Panchayat of Savandhe which certificate stated that if the land companyprised in the site of the plant was companyverted into number agricultural plot in favour of the peti tioner, the Panchayat would number have any objection what soever as it will increase the income of the Panchayat.
On 11.8.80 Collector Thane was approached for permission to use the land for number agricul tural purposes for the said plant under Section 44 of the Maharashtra Land Revenue Act, 1966.
From the Judgment and Order dated 24th August, 1984 of the Bombay High Court in Writ Petition.
Mainly it is on this ground that the learned Judges of the High Court have maintained the order passed by the Government.
These vil lages have a population of about 400, 1500, 3000, 2500, 500 and 1500 respectively, majority of the population of all these villages being Hindus.
The villagers therefore prayed that under numbercircum stances, the abattoir should be permitted.
Petitioners High Court .
Ram Jethmalani, Khatu Cooper, S.B. Bhasme, Ms. Rani Jethmalani, Tushad Cooper, G. Subramaniam, Ashok Sharma, Ajai Singh Chandal, V.S. Desai, A.S. Bhasme, A.M. Khanwilkar for the appearing parties.
On 7th October, 1983 the Government issued a show cause numberice in its revisional jurisdiction under Section 257 of the Code and on 14.10.83 the petitioners were supplied with the grounds on which the Government proposed to revise the order of Additional Collector, Thane.
Ltd. and others filed a petition before the High Court challenging the order of stay granted by the Government and obtained an ad interim stay of the Governments order pending admission of the Writ Petition.
The appellants herein replied to the show cause numberice, and the grounds by their written submissions dated 2.11.83.
On the basis of this letter it appears that the Government on 17.2.83 called for a report in the matter from the Collector Thane who in turn called a report from the Tehsildar Thane and Tehsildar Thane in his turn issued a numberice to all the parties including the promoters of this project and on 7.3.83 recorded the statements of respective parties in cluding Shri Rizwan Bubere, the holder of a General Power of Attorney and the Tehsildar sent his report on the same day to the Collector.
Parasaran, Attorney General, P.H. Parekh and Ms. Indu Malhotra for the Interveners.
The learned Judges of the High Court have examined the scope of Sections 44 and 257 of the Revenue Code in detail and after companysidering all the facts and circumstances came to the companyclusion that the Government had the power to revise even suo motu orders passed by Additional Collector and found that the grounds on the basis of which the Government acted existed and therefore the action on the part of the Govern ment was bonafide and in public interest although the learned Judges felt that the Government did number act dili gently but still in the public interest the High Court maintained the order passed by the Government with the directions to companypensate the persons companycerned.
Honble Minister heard the revision on the same day and by his order dated 25.11.1983 set aside the order of Additional Collector and cancelled the permission granted to the appellants to use the land for purposes of their said project.
The proposed plant was registered as an industry by the Director General of Technical Develop ment on 8th January 1981.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Ltd. alongwith other two took initiative in the business and obtained an import licence, a project being 100 export oriented.
The petitioners selected a site of agricultural lands in village Savandhe in Bhiwandi Taluka of Thane District, companyprised in Survey No.
The Judgment of the Court was delivered by OZA, J. These two appeals were heard by us and by our order dated March 10, 1986 we maintained the judgment of the High Court and dismissed both the appeals, by this order we modified the order for companypensation which was passed by the High Court.
2717 of 1983 challenging the order dated 5.4.
40/2, 41, 42, 44, 45 and 70 totally admeasuring about 68,327 square metres.
The site is situated at a distance of 2 kilometres from Bhiwandi Town having Muslim majority which has been a trou ble spot for companymunal riots for past some years, with the surrounding villages of Savandhe, Gorsai, Shelar, Chavindra, Pogoan and Bhorpada situate at a distance of 1/2 kin, 1 km, 1/2 Inn, 11/2 km, 2 km, and 2kms.
Shri Varde in his turn alongwith a letter dated 24th January, 1983 forwarded the said companyplaint to the Revenue Minister of the State Government with a request to companysider the objections of the villagers and to stop the companystruction in the meanwhile.
respectively.
4232 of 1983.
Government filed their affidavit on 13.6.83 and stated that the Government was reconsidering the matter and ultimately by order dated 14.6.83 High Court admitted the writ petition and companytinued the interim relief of stay granted but Government was directed to pass its final orders in the matter.
This site was included in U Zone in the Bombay Metropoli tan Regional Plan for the period from 1970 to 1991 prepared under the Bombay Metropolitan Region Development Authority Act, 1974, U Zone denoting that the land was future urban isable area.
The licence they obtained stipulated the entire production of the plant to be exported for 10 years and the companystruction and the operation of the project were to be according to the standards of hygiene prevailing in the European Economic Community Countries and of the U.S. Foods and Drugs Administration.
The Government by its order dated 28th April, 1983 directed the petitioners to stop the company struction work for a period of 15 days pending investigation and on 30th April, 1983 the Government directed the Commis sioner, Konkan Division to submit his detailed report on the companyplaint received from the villagers by holding an on the spot inspection.
The plant was to be equipped with the most modern equipments.
obtained the companysent from the Maharashtra Prevention of Water Pollution Board under Sec tion 28 of the Maharashtra Prevention of Water Pollution Act, 1969 to discharge the effluents from the proposed plant in the water pollution prevention area of Ulhas River basin as numberified under Section 18 of the Act subject to certain terms and companyditions.
In the meanwhile, on 18.11.83 violent riots had taken place directed against the setting up of the abattoir in the village Savandhe and in the clashes of rioters with the police personnel 4 persons were killed, many others injured, and property was damaged to a companysiderable extent.
This site is situated on the bank of river Kamawari whose water is used for the purposes of drinking and washing by the inhabitants of the surround ing villages and where the Hindus from Bhiwandi and the aforesaid surrounding villages immerse their Ganesh idols on the Ganpati Immersion Day.
