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2008 Supreme(Bom) 1631

S.R.DONGAONKAR, NARESH H.PATIL
Digambar Ambadas Magar (dead through LRs. ) – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. K. D. BADE-PA TIL. Advocate for Petitioners. Mr. K. B. CHOUDHARY, A.G.P., for Respondent No. 1 - State.
Mr. R. V. NAIKNA V ARE and Shri. K. G. GHUTEPATIL, Advocate for Respondent No.3.

Judgment

S. R. DONGAONKAR, J.:- The Petitioner by this Petition, claims a direction to Respondent No.2 and No.3 to make payment of compensation of the Petitioner's land which was acquired from Survey No.1 28/1 situated within the area of Municipal Council, Osmanabad for construction of D. P. Road, with solatium and interest.

2. According 10 the Petitioner, he is the owner of land Survey No.128/1 situated in Osmanabad Municipal Council area. The same was taken into possession by Respondent No.2 and No.3 for the development and constructing D. P. Road. 12 Meter wide from T.V. Centre to Ramnagar and from T.V. Centre to Irrigation Colony. Osmanabad. It was in accordance with the development plan of Osmanabad. It is alleged that Respondent No.2 and No.3 approached to the Petitioner and requested for giving possession of the land mentioned above for the construction of D.P. Road and by way of mutual understanding between the Petitioner and Respondent No.2 and No.3. Petitioner agreed by way of private negotiations. to handover the possession of the said land to Respondent No.2 and No.3. subject to condition that the compensation would be paid along with solatium and interest to the Petiti
















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