wp4663.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4663 OF 2009 1) Smt. Rakhambai Ramrao Shejwal, R/o-New Pimpalwadi Road, Bhilati, Shirdi, Tq-Rahata, Dist-Ahmednagar and others. ...PETITIONERS. VERSUS 1) The State of Maharashtra, (through its Secretary Town Planning Department, Mantralaya, Mumbai-32), and others. ...RESPONDENTS. ... Shri.Kiran M. Nagarkar Advocate for Petitioners. Shri.K.G. Patil, A.G.P. for Respondent Nos. 1 to 5. Shri.V.D. Hon Advocate for Respondent No.6. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 22ND SEPTEMBER, 2011. wp4663.09 2 PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. The Petitioners have prayed for following substantive relief: "(B) By issuing writ of certiorari or any other writ and/or order in the like nature, the impugned notice (Exh.A) dated 18.5.2009 under section 9(3)(4) of the Land Acquisition Act, 1894 may kindly be quashed and set aside." 3. The Petitioners pray for quashing impugned notice dated 18th May, 2009, issued under Section 9(3)(4) of the Land Acquisition Act. The Petitioners submit that the authorities have not followed the proper procedure before issuance of impugned notice and whatever objections raised by the Petitioners, were not taken into consideration wp4663.09 3 by the authorities concerned. 4. Respondent No.5 filed affidavit in reply through Smt. Geetanjali d/o Shriram Baviskar, Sub Divisional Officer, Shrirampur, Dist-Ahmednagar. In Para 9 and 10, the deponent contends that: "9. With reference to para No.7 of the Writ Petition I say and submit that the Development Plan of Shirdi City is sanctioned on 15-12-1992 by Govt. and it come in force w.e.f. 25/2/1993 and at that time enquiry have been done. There is no any provision to make enquiry u/s 4 and u/s 5A of the Land Acquisition Act, 1894 like this cases of Development Plan because the proceeding is initiated as the provisions of Maharashtra Regional Town Planning Act." "10. With reference to para No.8 of the Writ Petition I say and submit that in these cases the Collector wp4663.09 4 has powers to issue notice u/s 6 of the Land Acquisition Act, 1894 directly without making the enquiry u/s 4 and section 5A of the Land Acquisition Act, 1894." 5. In the light of the reply filed by the Respondent and the contentions raised, we are not inclined to interfere in exercise of extra ordinary writ jurisdiction of this Court. The Writ Petition is rejected. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/SEPT11