Ishwarsingh S/O. Govardhansingh Rajpur And Others v. State Of Maha., Thr. Public Works Dept., Mumbai And ANR.

2025:BHC-NAG:4327-DB 1 916.WP.2259-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2259 OF 2025 ( Ishwarsingh S/o Govardhansingh Rajput & Ors. Vs.

State of Maharashtra, Thr. the Public Works Department, Mantralaya Madam Cama Road, Mumbai & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.A. Choube, Advocate a/w Mr. A.S. Manohar, Advocate for the Petitioners. Ms. T.H. Khan, AGP for the Respondents/State. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 25th APRIL, 2025 1.

Heard.

2.

There is nothing on record to indicate, that the lands owned by the Petitioners, are affected by the road widening except for a legal notice issued by the Petitioners on 25.02.2025 (page 162). For the purpose of demonstrating, even a prima facie case, of expropriation of land without compensation, there should be at least a measurement report on record indicating the extent of the existing road, the extent of the lands owned by the Petitioners and the maps should further demonstrate the lands of the Petitioners are being adversely affected by the road widening.

3.

Mr. Choube, learned Counsel for the Petitioners, upon instructions makes a statement, that the Petitioners

2 916.WP.2259-2025.odt would apply for measurement of their lands in question and based upon the measurement would move the Collector for grant of suitable compensation. If that be so, that is the choice of the Petitioners, which the Petitioners may exercise. We, therefore, do not find any merit in the Petition. 4.

The Petitioner is therefore dismissed. No costs. 5.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 25/04/2025 18:34:28