1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 3957/2008 (The Kasturba Co-operative Housing Society Ltd. VERSUS State of Mah. & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. Anand Parchure, counsel for the petitioner. Mrs. T.D. Khade, Assistant Government Pleader for the R-1 to 3. Mr. S.K. Mishra, counsel for the R-4. Mr. M.G. Bhangde, Senior Counsel for the R-5. Mr. Anand Deshpande, counsel for the R-6. CORAM : B.H. MARLAPALLE AND SMT. VASANTI A. NAIK, JJ. DATE : NOVEMBER 24, 2008. Heard Mr. Parchure, the learned counsel for the petitioner-society. The society claims to have purchased the land located in Survey Nos.5 to 8 and 7/2 of Village Bhamti, District Nagpur. As per the society, the respondents had sought to acquire the said land of the petitioner-society for the proposed MIHAN project, for which respondent no.5 has been appointed as the Special Planning Authority. The petitioner-society, therefore, prays for directions to complete the acquisition proceedings at the first instance and subsequently to allot alternative land. 2 Respondent no.3, the Special Land Acquisition Officer has filed affidavit-in-reply and has stated that originally 100.70 hectares of land was sought to be acquired from Village Bhamti for the said project at the behest of respondent no.5. However, respondent no.5 has re-submitted the modified proposal with respect to the land from Village Bhamti and stated that the total land required would be 88.79 hectares. As per the communication dated 09.09.2008, it has been further stated in the said affidavit by respondent no.5 that so far as the petitioner's land in Survey Nos.5 to 8 and 7/2 is concerned, it stands deleted from the said acquisition proposal. The letter addressed by respondent no.5 to respondent no.3 on 10.03.2008 is placed on record along with letter dated 10.10.2008, subsequently issued by respondent no.5 to respondent no.3. In the letter dated 10.10.2008, the Chief Engineer of the respondent no.5 clearly states that on the technical grounds, the petitioner's survey numbers were deleted from the original proposal dated 17.08.2005. 3 Mrs. T.D. Khade, the learned Assistant Government Pleader, therefore, states that as of now the subject land of the petitioner has been deleted from the proposed acquisition and, therefore, this petition has become infructuous. We note down the declaration made by the respondents not to acquire the petitioner's land from Village Bhamti and dispose off the petition as infructuous. JUDGE JUDGE APTE