Following the order given by a division bench of Justice A P Shah and Justice P D Upasani, a mutually agreeable settlement between the state, represented by the Advocate General (AG), C J Sawant, and the petitioners was drawn up whereby the acquisition orders on 17 acres of land at Gahunje village, Maval taluka and 27 acres of land at Urse village were withdrawn.

The counsel for the Maharashtra State Road Development Corporation (MSRDC) Rajendra Sawant also agreed that after the excavation was done, the land will be returned to its owners by December 31, 1999, properly treated and levelled.

Rajaram Nathu Bodke and three others had moved the Bombay High Court following notices in late 1997 that some acres of their land were to be acquired by the state government for excavation of murumrequired for the construction of the Mumbai-Pune Expressway.

Counsel for the petitioners, Dr Avinash Shivade told the court that the acquisition proceedings were illegal since the land was private and fertile and could not be used for quarrying purposes. The petitioners, he informed, were farmers and grew cash crops like onions and sugarcane. Using the land for quarrying would not only deprive them of a livelihood, but also lead to waterlogging.

When the AG countered that the land was necessary for excavating murum Justice Shah asked why acquisition was necessary for a temporary function to which the AG was not able to give a reasonable reply. Counsels for the two parties then agreed to file minutes of the order mutually agreeable to both.

As the minutes were finalised, counsel for MSRDC, Rajendra Sawant said that they needed the land for two years, to include the maintenance period for the expressway. However, Justice Shah overruled it and said that the land were to be returned to the farmers by31 December 1999. The land acquisition orders have been withdrawn and land would be handed over to the MSRDC from March 8, it was decided. The farmers will be paid a compensation according to the norms of the state government.

In a related order, the division bench directed that a team of a member of the Tata Institute of Social Sciences (TISS) and two officials from the state government visit Khalapur in the Raigad district to oversee the rehabilitation programme of tribals, 17 hectares of whose land were acquired for the construction of the Mumbai-Pune Expressway. The team will have to give its report within two weeks.

The bench passed the orders in a petition filed by Gopal Mukne and others seeking that the court enquire into their rehabilitation programme.

According to the counsel of the petitioners, Colin Gonsalves, around a 1000 tribals from 15 wadis have been affected due to the acquisition processes. Eighty seven households involving 350 persons have been evicted and demolished without notices.With their source of livelihood lost, the tribals are now staying 50 kms away from their original residential sites, Gonsalves alleged.