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2023 Supreme(Bom) 227

G. S. KULKARNI, R. N. LADDHA
Babasaheb Haji Abdul Mullani – Appellant
Versus
Kolhapur Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Manoj A. Patil
For the Respondent: Mr Abhijit M Adagule a/w Ms Harvinder Kaur Rogi

JUDGMENT :

R.N. Laddha, J.

Heard Mr Manoj Patil, learned counsel for the petitioner, and Mr Abhijit Adagule, learned counsel, who appears along with Ms Arvinder Kaur Rogi, learned counsel for the respondent/Corporation.

2. Rule. Rule made returnable forthwith. Respondents waive service. At the instance and the request of the learned counsel for the parties, heard finally.

3. It is the case of the petitioner that a land, i.e. Regular Survey No. 52/1 to 9, admeasuring 13,000 sq. ft., situated at Bapat Camp, Kolhapur, was originally owned by his predecessors. In 1978, by a resolution, the respondent/Corporation (for short, ‘the Corporation’) had acquired the land of the petitioner for the construction of the approach road to the slaughterhouse. As against the acquisition, in 1983, the Standing Committee of the Corporation passed a resolution to allot plots no. 74 and 75, each admeasuring 3150 sq. ft., situated at Regular Survey No. 87C to the petitioner. It is the grievance of the petitioner that although he is entitled to allotment of an alternate land from the Corporation in lieu of his acquired land, still such alternate land has not been allotted to him, despite a resolution having be

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