ORAL JUDGMENT :

(PER : SACHIN S. DESHMUKH, J.)

1. Heard. Rule. Rule made returnable forthwith. Assistant Government Pleader Mrs. M.H. Deshmukh waives service of notice for the respondent No.1 and Advocate Mr. G.A.Kunte waives service of notice for the respondent No.2. By consent of the parties, the petition is heard finally.

2. The petitioner - Society and its members are the owners of land bearing Survey Nos.276, 277, 277/2, 277/3, 279/1, 279/2, 279/3, 278, 280/1, 280/2, City Survey No.1298 admeasuring area about 5.04. H.R. of Mouza Zingabai Takli, Tahsil and District Nagpur (for short hereinafter referred to as “the said land”).

3. The respondent No.2 – Corporation issued Development Plan for Nagpur city and in that process, the land belonging to the petitioner – Society has been impacted on account of 24 meters Development Plan road (D.P. road). The Corporation had proposed the said road of 24 meters under the Integrated Rural Development Program (IRDP) Scheme (Awasthi Nagar Chowk to Borgaon Chowk) for an area admeasuring about approximately 5200 sq. meters, which came to be acquired.

4. Accordingly, the contentions raised on behalf of the petitioner – Society by Mr. S.P. Dharm