-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2500 OF 200 WRIT PETITION NO.2500 OF 200 WRIT PETITION NO.2500 OF 2004 1. Shri Sadashiv Marutrao Kadam and ors Petitioners. Vs 1. The State of Maharashtra and ors. Respondents. Mr Dilip Bodke, for the petitoners. Mr S.K.Chichalikar, AGP for the respondents. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 18.03.08. DATE : 18.03.08. DATE : 18.03.08. PC: PC: PC: 1. Heard learned counsel for the parties. 2. By this writ petition, the petitioners have prayed for setting aside an order dated 24.5.2001 passed by the District Collector, Satara in respect of the petitioners’ land admeasuring about 1 Hector 71 Ares (i.e. 4 Acres and 11 Ares) out of Gat No.607/B (Old 486), situated at village Malgaon, Tahsil and District-Satara. By the impugned order, the land has been allotted to the project affected persons out of Gat No.486(P). Mr Bodke, learned counsel for the petitioners, vehemently submitted that the land, as mentioned in the award dated 31/1/1076 (Exhibit-J), cannot be taken possession of, since the possession of 3 Acres and 10 Ares of the land out of Gat No.486 (P) had already been taken by the respondents and it was allotted to the project affected persons. That argument initially impressed me and hence notices were issued. After hearing the learned counsel for the parties and -2- perusal of the record, it revealed that the petitioners, on 29.5.1975, had voluntarily surrendered 3 Acres and 10 Ares land out of Gat No.486(P), which is independent from the land out of the very same Gat number admeasuring 3 acres and 8 Ares, as seen in the Award dated 31.1.1976. Mr Bodke, could not and did not dispute that the total 6 Acres and 18 Ares of land out of Gat No.486(P) has been acquired. It appears that out of the said 6 Acres and 18 Ares, 3 Acres and 10 Ares land was voluntarily surrendered by the petitioners on 29.5.1975 and 3 Acres and 8 Ares land came to be acquired in pursuance of the acquisition proceedings, which ultimately culminated in the Award dated 31.1.1976. It is thus clear that the petitioners are taking advantage of the extent of land mentioned in the impugned order, namely, 1 Hector 71 Ares, which has been allotted to the project affected persons out of Gat No.486 (P). The allotment of the land and the land mentioned in the Award dated 31.1.1976, though do not tally, it is clear that the total land that has been acquired out of Gat No.486(P), is not only 3 Acres and 8 Ares but it is 6 Acres and 18 Ares. In the circumstances, I find absolutely no merit in the writ petition. The writ petition is accordingly dismissed. As a consequence thereof, the civil application is disposed of. -3- (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)