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 Petitioner. Accordingly possession was taken and the Road was constructed. It is alleged that this acquisition of land was in pursuance to the Municipal Council Resolutions as well as the consent and approval. According to the Petitioner, it was agreed that the Town Planning Department would determine the quantum of compensation and the same would be paid to the Petitioner alongwith solatium and interest as stated above. Accordingly. Town Planner by his proposal dated 7/9/1996, recommended the compensation of Rs.11. 70, 7201- (Rs. Eleven Lakh Seventy Thousand and Seven Hundred Twenty only). Accordingly the proposal was sent for financial assistance to the Osmanabad Municipal Council for the appropriate amount as per the Scheme and relevant Government Resolutions, It is claimed by the Petitioner that only 50% amount of the settled compensation was paid and the balance amount so also solatium and interest was not paid. Hence Petitioner, claimed those amounts by way of this Writ Petition.

3. When the matter was heard, it was informed that during the course of the proceedings, total compensation of Rs.11,70,7201- was paid. However, solatium and interest, according to the Petitioner, which was payable as per agreement was not paid. Hence Petition is continued for those reliefs only.

4. Respondent No.2 raised a contention that the Petitioner was not entitled for any compensation in as much as land Survey No.128 which was owned by the Petitioner, was converted into plots illegally and same were sold to various persons. It is claimed that the land which is alleged to have been acquired, was already in possession of the Municipal Council and the Road was already existing there since 1977 therefore there was no question of fresh acquisition of the land for the Road. According to this Respondent, in view of the provisions of Section 174 of the Maharashtra Municipal Council Act, as it was a public Road, it vested with the Municipal Council on nominal payment of compensation of Re.1/-. It is claimed that the entire subject matter was a matter of grabbing public money without any right by the Petitioner and as such enquiry was to be held. In any case, as the Petitioner's land was not acquired for the construction of D.P. Road as alleged, he was not entitled for any compensation.

5. The Respondent No.4, in reply made submissions about the determination of the compensation at the instance of the parties to the Petition. 50% of the compensation, according to him, was to be paid to the Respondent No.2 Municipal Council, as loan and 50% as grant in aid. Accordingly the proposal for financial assistance to the Municipal Council for 50% loan i.e. for Rs.5.85.3601- was made; and the said assistance was furnished. The amount in turn, was paid to the Petitioner. However. a cas