IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

ORDINARY ORIGINAL CIVIL JURISDICTION

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.2303 OF 2007

WRIT PETITION NO.2303 OF 2007

WRIT PETITION NO.2303 OF 2007

Prabhat (Stove & Lamp) Products

Co. Pvt. Ltd. & Anr. ..Petitioners.

V/s.

State of Maharashtra & Ors. ..Respondents.

Mr.Madhur Rai i/b. M/s.Negandhi S & H for petitioners.

Mrs.P.A.Purandare for B.M.C.

Mr.Pradeep Jadhav, A.G.P. for State.

CORAM : SWATANTER KUMAR, C.J.AND

CORAM : SWATANTER KUMAR, C.J.AND

CORAM : SWATANTER KUMAR, C.J.AND

J.P.DEVADHAR, J.

J.P.DEVADHAR, J.

J.P.DEVADHAR, J.

DATED : 30TH JANUARY, 2008.

DATED : 30TH JANUARY, 2008.

DATED : 30TH JANUARY, 2008.

P.C. :-

P.C. :-

P.C. :-

1. It cannot be disputed that the controversy

in the present case is squarely covered by the Judgment

of the Supreme Court in the case of M/s.Girnar Traders

M/s.Girnar Traders

M/s.Girnar Traders

V/s. State of Maharashtra & Ors.

V/s. State of Maharashtra & Ors.

V/s. State of Maharashtra & Ors. reported in 2007(6)

2007(6)

2007(6)

Supreme Court 25

Supreme Court 25

Supreme Court 25, wherein the Court held as under:-

"....The making of an application to the

State Government for acquisition of the land

would not be a step for acquisition of the

land under reservation. Sub-section (2) of

section 126 leaves it open to the State

Government either to permit the acquisition

or not to permit, considering the public

purpose for which the acquisition is sought

for by the authorities. Thus, the steps

towards acquisition would really commence

when the State Government permits the

acquisition and as a result thereof

- = : 2 : = -

publishes the declaration under Section 6 of

the LA Act. "

2. This petition is thus disposed of in terms

of the Judgment of the Supreme Court. The petitioners

are entitled to the reliefs as prayed.

3. Parties to bear their own costs.

CHIEF JUSTICE

CHIEF JUSTICE

CHIEF JUSTICE

J.P.DEVADHAR, J.

J.P.DEVADHAR, J.

J.P.DEVADHAR, J.