(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6350 OF 2008 Rajendra Shankarrao Korke, Age : 49 years, Occupation : Service, R/o. Plot No.33, Korke Nagar, Dhule, District : Dhule. .. Petitioner. versus 1. The State of Maharashtra. Through its Secretary, Urban Development Department, Mantralaya, Mumbai. 2. Dhule Municipal Corporation, Dhule, District : Dhule, Through its Commissioner. 3. The Collector, Dhule, District : Dhule. .. Respondents. ....................... Mr. N.B. Suryawanshi, Advocate, for the petitioner. Mr. N.B. Khandare, Government Pleader, for respondent nos.1 and 3. Mr. Rajendra Deshmukh, Advocate, for respondent no.2. ........................ (2) CORAM : MOHIT S. SHAH, CJ. & S.V. GANGAPURWALA, J. DATE : 26TH AUGUST 2010 COURT'S ORDER (Per Chief Justice) : 1. The grievance of the petitioner, under Article 226 of the Constitution of India, is that the respondent no.2 - Dhule Municipal Corporation has constructed 100 feet road passing through Survey No. 483/2 owned by the petitioner and his family, without paying any compensation for the same to the petitioner and his family members. 2. In the affidavit in reply filed on behalf of the respondent no.2 - Municipal Corporation, it is not disputed that the respondent - Corporation has constructed a road on the land bearing Survey No. 483/2 in Dhule. It is the case of the respondent - Corporation, that the land under the D.P. Road is admeasuring 76230 square feet as per 7/12 extract in the approved layout. It is further case of the respondent - Corporation, that the owner of the whole land has handed over the same to the Municipal Corporation, Dhule. It is further case of the respondent - Corporation, that the Sub-Divisional Officer, Dhule, had passed an order that acquisition procedure should be completed, but a formal appeal has been presented by the respondent - Corporation, against the said order of the Sub- (3) Divisional Officer, Dhule, before the Additional Collector, Dhule. In any case, the case of the Corporation is that the Corporation has sent a proposal to the Collector, as far back in the year 1993 and to be precise, on 6-9-1993. The stand to that effect was also communicated in the letter dated 1st March 2002 of the Dhule Municipal Corporation, addressed to the petitioner's father. 3. In the affidavit in reply filed by the Naib Tahsildar (Tenancy), Collectorate, Dhule, it is stated that no such proposal, as is referred by the Corporation, in the letter dated 1st March 2002 (Exhibit "B"), was received by the Collectorate. It is submitted that the land acquisition proposal dated 6th September 1993, received at the relevant time, from the Municipal Council, Dhule, did not contain the survey number which is subject matter of the present petition. 4. Having heard the learned Counsel for the parties, we are of the view that when the respondent - Corporation does not dispute the fact that it has constructed a road with 100 feet width on the land which passes through Survey No. 483/2 and the respondents - authorities have not shown any order or notification acquiring the said land, the respondents - authorities are bound to follow the procedure in accordance with law and acquire the land and to pay the compensation for the same to the (4) owners of the land. 5. Hence, whatever may be the position earlier, the respondents are directed to take necessary steps for acquisition of the land on which road of 100 feet width is constructed, which passes through Survey No. 483/2 at Dhule, as expeditiously as possible and in any case, within a period of four months from the date of receipt of this order, and also to pay compensation to the owner of the land, within a period of six months from the date of receipt of this order. The respondent - Corporation shall accordingly submit a proposal to the Collector, Dhule, within a period of one month from the date of receipt of this order. 6. With the above directions, the petition is disposed of. 7. Authenticated copy of this order be supplied to the parties. (S.V. GANGAPURWALA ) (MOHIT S. SHAH) JUDGE CHIEF JUSTICE ......................... Puranik (PS) bgp/wp6350