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2022 Supreme(Bom) 1555

R. D. DHANUKA, S. G. DIGE
Haribhau Narayan Chikane – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioner:Mr. Avinash Bhaskar Avhad, Advocate
For the Respondent:Mr. A. I. Patel, Additional GP with Ms. M. S. Bane, AGP, Mr. Aseem Naphade with Ms. Swati Sawant i/b. S. K. Legal and Associates, Advocates

JUDGMENT :

R. D. Dhanuka, J.

1. Rule. Mr. Patel, learned Additional Government Pleader waives service on behalf of respondent Nos.1 to 4. Mr. Naphade, learned counsel waives service on behalf of respondent Nos.5 to 8. By consent, the Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting-aside the award bearing No.L.A./S.R./B19/99 dated 30th April, 2001 and seeks writ of mandamus to release the petitioner’s land from acquisition and for an order and direction against respondents to carry out the necessary corrections in the record of rights about the release of the petitioner’s land from acquisition. The petitioner also prays for an order and declaration that the land acquisition proceedings in relation to the petitioner’s land bearing Gat No.295 admeasuring 80 Ares of Village Kapurhol, Taluka – Bhor, District – Pune (hereinafter referred to as “writ property”) and the lands stand released from acquisition.

3. Some of the relevant facts for the purpose of deciding this petition are as under:

It is the case of the petitioner that the petitioner and other co-owners are

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