Raosaheb Bapu Badbade And ANR v. The State Of Maharashtra And ORS

2.wp.8629.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8629 OF 2018 Raosaheb Bapu Babade and Anr.

...

Petitioners V/s.

The State of Maharashtra and Ors.

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Respondents ------------------- Mr. Tejpal S. Ingale for the Petitioners.

Mr. S.B. Kalel-AGP for the State --------------------- CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ.

DATED : AUGUST 23, 2021.

P.C. :

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This is for speaking to the minutes of the order dated 11th August 2021.

2.

The learned counsel for the petitioner has submitted that Paragraph no. 4 of the order dated 11th August 2021 is not in consonance with the facts of the present case and hence has prayed for deletion of Paragraph no. 4 of the said order. We have gone through the papers. Earlier in a group matter a similar order was passed for deletion of the name of the government from the record of rights and the same seems to be observed in the present order. In view of this, Paragraph no. 4 be deleted.

varsha

2.wp.8629.2018.doc 3.

As far as Paragraph no.7 of the order dated 11th August 2021 is concerned, the learned counsel has drawn our attention to the mutation entries of the land of record and has submitted that in fact, prior to the notice under section 4 and 11 of the Land Acquisition Act,1894 there was a decree drawn by consent in Regular Civil Suit No. 200 of 1977 and there is a partition of the property between the parties to the Regular Civil Suit No. 200 of 1977. 4.

In view of this, there is no question of acquiring the subject land in future for rehabilitation of Project Affected Persons after the deletion of the entries as directed, and in view of this, paragraph no. 7 stands deleted. Order accordingly.

(SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J) varsha