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2014 Supreme(Bom) 77

S.C.DHARMADHIKARI, RAVINDRA V.GHUGE
Pitamber – Appellant
Versus
State of Maharashtra, Through its Secretary, Ministry of Urban Development – Respondent


Advocates:
Advocate Appeared
For the Petitioners:P.N. Kutti, Advocate.
For the Respondents:R1 & R3, G.K. (Naik) Thigle, A.G.P., & R2, Milind M. (Beedkar) Patil, Advocate.

JUDGMENT

(Ravindra V. Ghuge, J.)

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. The petitioner is an agriculturist aged 77 years. It is stated that he is suffering from various ailments. He is a joint owner of agricultural land Gat No.933 (Old Survey No.212/1), admeasuring 15-R. The said land is in the joint ownership and possession of the petitioner.

3. Respondent No.2 is the Municipal Council, Faizpur, Tal. Yawal, Dist. Jalgaon. In 1981, respondent No.2 clamped reservation on survey no. 205 for creation of a library. The petitioner is unconcerned with the said survey. The chart of reservation, supplied to the petitioner under the Right to Information Act, evidences this fact. However, map drawing the reservation has wrongly shown survey No.212 which belongs to the petitioner. The copy of the reservation chart and the map is at Annexure “B”, which is at Page No.13 and 14 of the petition paper book.

4. The petitioner made an application dated 06/10/1990 addressed to respondent No.2 contending therein that no steps have been taken for acquisition of his land. He put forth options either to give him compensation or to cancel the reservation. Responden





























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