- (1.)EVEN after expiry of more than half a century to adoption of our Constitution inter alia having a goal of social, economic and political justice, this part of the country still sees a large number of suicides by the farmers out of desperation and utter poverty. The lack of mercy of Rain God coupled with the lack of political will of our leaders to develop this part of the country has resulted in these consequences. This part of the country has remained underdeveloped even though the World has reached in 21st Century and our country also has made overall rapid growth in various spheres.
(2.)SIX years after adopting of Constitution i. e. by the 7th Constitutional amendment Act of 1956 the provisions of Article 371 was introduced inter alia providing for special provisions in respect of the State of Maharashtra and gujarat. Sub-clause (2) (a) of Article 371 provides for establishment of separate development Board for Vidarbha Region and creation of a necessary fund for development of this part of the country. Non-development of this region has been a serious draw-back for the overall development of Maharashtra State itself. This non-development has become so unbearable with the passage of time that the sounds of a cry for a separate Vidharbha State can also be heard. Before the said cry of separate Vidarbha State turns into a serious social and political crisis, the state Government has undertaken to carry out a substantial development of this region. Towards the said aim one of the steps taken is to introduce a project what is popularly known as Meghdoot Project inter alia providing for a planned development of a new town along with an International Cargo Hub which could result in serious commercial activities resulting in development of this region.
(3.)AS has been always been, every development has been road blocked by a controversy between private interest and public interest. This project has also not been out of the similar controversy. The Court as a last resort has always been approached to resolve such controversial disputes between the private interest of an individual vis-a-vis of the public interest of the public at large. It has always struck a fine balance to protect to the maximum both the interests. Fundamentally a sound principle has been that private interest must give way to a larger public good and public interest. At the threshold of this Meghdoot Project, this controversy has been wrecked up by the private land owners ably supported by the developers, builders and contractors. These petitioners have challenged the action on the part of the State Government of acquisition of the land under the provisions of the Land Acquisition Act and has sought that these acquisition proceedings be quashed and set aside.