Bombay High Court directs Haveli tahsildar to conduct hearing of petitioners in eviction case

Bombay High Court orders hearing for eviction of Panshet flood victims from their land in New Shivane Gaothan, Kothrud on June 5. Victims claim ownership based on adverse possession.

PUNE The Bombay High Court has ordered Haveli Tahsildar to conduct a hearing for the eviction of Panshet flood victims from the said land on June 5. The victims who are also petitioners in the case, through their lawyer Advocate Ritvik Joshi had sought to quash and set aside the notices-cum-orders issued by the tahsildar, Haveli division, Pune dated April 20, 2023, June 18, 2018, and May 10, 2023, in respect of lands in New Shivane Gaothan, Kothrud.

On July 12, 1961, the Panshet dam in the Pune district was breached causing severe flooding in the villages around the dam as well as in the Pune city. (REPRESENTATIVE PIC)

On July 12, 1961, the Panshet dam in the Pune district was breached causing severe flooding in the villages around the dam as well as in the Pune city.

Shivane was one of the villages which were affected by the breach of the dam. The state, considering the loss caused due to the breach, relocated the flood-affected people. Around 1978, the petitioners/the petitioner’s predecessors who too were flood affected built small houses and started residing along with the other flood-affected persons in the aforesaid plot in New Shivane.

Around three generations of the petitioners are residing in the said plot and their address has been entered on their Aadhar cards, school leaving certificates, ration cards, etc. The petitioners in the last 40 years have received the gas connections, bills from Maharashtra State Electricity Distribution Company Limited, water line etc.

The petitioners have claimed ownership based on the law of adverse possession.

The high court bench comprising judges Arif S Doctor and Sharmila U Deshmukh in their order dated May 18 stated, “...The petitioners would be given an opportunity for hearing and appropriate order will be passed. The tahsildar will give a hearing to the petitioners on June 5. Let the tahsildar take a decision after considering the reply and after hearing the petitioners on or before June 10,” the order added.