HC confirms PDKV owns 1 acre oland in Bajaj Nagar where lawns, eateries operate
Nagpur: In a significant ruling, the Nagpur Bench of Bombay High Court has ruled that Panjabrao Deshmukh Krishi Vidyapeeth (PDKV) is the owner of almost 1 acre land near Bajaj Nagar Square, on which currently commercial establishments are operating, a report in local Times of India daily said.
Advocate Abhay Sambhre, who represented PDKV, said, “The moot question before HC, as directed by the Supreme Court, was whether PDKV is owner of the land. Sanman Lawn, a restaurant and even a nursery is operating on this land. Altogether, this land is around 44,000 square feet.”
According to the report, Justice M S Jawalkar stated in her order, “In view of additional evidence placed on record, this court has already come to the conclusion that Dr Panjabrao Krishi Vidyapeeth is the owner of the land and therefore, it can file suit for possession. As such, the substantial question of law is answered in the affirmative.”
The HC had taken up two appeals filed by members of the Bhongade family, who claimed that they were tenants on the said land. In 2005, the Ad-hoc Additional District Judge had ruled in PDKV’s favour, following which the appeals were made by the Bhongade family. They contended that without there being any evidence and proof of title, the 2005 decree favouring PDKV was passed and later confirmed by the appellate court. This was challenged by the appellants in the Supreme Court.
The apex court observed that “assuming that the appellants did not have any right or title in respect of the aforesaid land, it was necessary for the High Court to determine if the respondent PDKV had any right or title in the said land.”
The court itself identifies the location of the property as one “at the Eastern side of Bajaj Nagar Square, opposite to PDKV Guest House”. PDKV told the court that this particular area was being cultivated by a tenant named Goma Narayan (now deceased) before 1958, and land was taken back from him.
The HC ruled the defendants (Bhongade family) “with a malafide intention want to take disadvantage of the entry of one Goma Narayan (whose surname is not mentioned) whose possession over land was taken back by the government long back for Congress Session. The said Goma Narayan never claimed his possession during his lifetime. Taking advantage of the fact that the surname of Goma Narayan not mentioned in record issued false notice in the name of Goma though he was not alive”.
The order further mentioned that PDKV had “duly established that it is the owner of suit land and the land is transferred by the government by statute. The original notifications are taken on record. The defendants miserably failed to establish either their tenancy and possession over the suit land, till they obtained possession by misrepresenting the court”.
