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2021 Supreme(Bom) 377

RAVINDRA V.GHUGE, S.G.MEHARE
Jayant Vitthal Dawkhare – Appellant
Versus
State of Maharashtra, Through Secretary, Public Works Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A. S. Bajaj.
For the Respondent: Mr. P. S. Patil, AGP, Mr. A. N. Patale, (Standing Counsel), Mr. K. N. Shermale.

JUDGMENT :

S. G. Mehare, J.

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

2. The petitioners approached this Court seeking writ of mandamus or any other writ, order, or direction in the nature of a writ of mandamus. Respondent Nos.3 and 4 be directed to release the enhanced compensation towards the lands acquired to the extent of 1 H. 2 Are from village Kasara Dumala, Taluka Sangamner, District Ahmednagar in favour of the petitioners as per the award dated 31.10.2013 passed by the Arbitrator-Cum- Collector, National Highways Authority.

3. The brief facts relevant to determine the controversy are narrated as follows:

    a) The petitioners are the grand children of the cousin uncle of respondent No.5. The petitioners are the owners of Survey Nos.44/9, (old survey No.44/5/A/1) admeasuring 1 H. 80 Are, and Survey No.44/34 (old survey No.44/5/B/2) measuring 82 Are at village Kasara Dumala, Tq. Sangamner, District Ahmednagar. The above lands had fallen to the share of their grandfather Dattatraya Laxman Dawkhare and after him to the petitioners' father, namely Vitthal Dattatraya Dawkhare.

(b) The land admeasuring 1 H. 2 Are out of the above survey number

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