Manojkumar Kallappa Chougule v. State Of Maharashtra Through Principal Secretary, Urban Development Dept. And ANR.

6-WP-4696-16.doc Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4696 OF 2016 Manojkumar Kallappa Chougule

...Petitioner

Versus

State of Maharashtra & Anr.

...Respondents

---------- Mr. Dhairyasheel Sutar, for the Petitioner.

Mr. N.C. Walimbe, AGP, for the Respondent No. 1. Mr. Akshay P. Shine, for the Respondent No. 2. ---------- CORAM :

SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.

DATE :

8 November 2017 ORDER :

In effect, the only prayer made by the petitioner in the instant petition is for a direction against the respondents not to secure the possession of the land of the petitioner, that is reserved for widening of the road in the development plan, without acquiring the same by following the due process of law.

Since the prayer made on behalf of the petitioner is innocuous and since it would not be permissible for the respondents to utilize the 1/2

6-WP-4696-16.doc lands of the petitioner for widening of the road without acquiring the same, we dispose of the writ petition with a direction against the respondents to secure the possession of the land of the petitioner only after taking up an appropriate proceedings for the acquisition of the land.

Order accordingly. No costs.

[RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.] 2/2