IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 3252 OF 2007 WRIT PETITION NO. 3252 OF 2007 WRIT PETITION NO. 3252 OF 2007 Smt. Mandakini Sakharam Ubhe ] .. Petitioner Versus 1. The State of Maharashtra & 5 ors. ] .. Respondents Mr. J.W. Puranik for the petitioner. Mr. Nitin Deshpande, AGP, for the respondents. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 6TH JUNE, 2008 P.C. : 1. This matter was adjourned for today. However, wrongly, the office has not shown the matter on Board. Since all the parties are present in court, by consent of the parties, the matter has been taken on Board and is disposed of finally by this order, after hearing all the counsel representing parties to this Petition. 2. The land of the petitioner bearing Gut No.1106 of village Kolewade, Taluka Mulshi, District Pune admeasuring 0.07 R is being acquired by the Government for providing road to the Harijan Vasti. The petitioner, after the declaration under section 6 of the : 2 : Land Acquisition Act, has approached this court. 3. Though initially, the matter was tried to be argued by challenging the acquisition, subsequently the petitioner has shown her willingness to give for the said road, the land which adjoins the bank of the water streamlet flowing by the side of her land. On perusal of the map prepared by the Land Acquisition Officer showing the land under acquisition (which is at page 133 of the petition), it is revealed that the land of the petitioner is getting bifurcated into two parts on account of the proposed road. The petitioner, therefore, submitted that the proposed road should be shifted slightly towards the water streamlet and the said road can be constructed by the side of the said water streamlet so that the land of the petitioner does not get divided into two parts. 3. In view of what has been stated above, both the sides have tendered Consent Terms. The said Consent Terms are taken on record and marked "X" for identification. We direct the Government to modify the joint measurement plan/map and show the land acquired along the side of the bank of the said water streamlet. We further direct that compensation in respect of allegedly existing fifty mango trees etc. be given to : 3 : the petitioner on joint verification by the Land Acquisition Officer and the petitioner as to existence of such fruit bearing trees. However, we make it expressly clear that for acquisition of land and trees, if any, the compensation will be payable at the market rate prevailing on the date of the Notification issued under section 4 of the Land Acquisition Act. 4. With the above directions, we accept the Consent Terms and dispose of the Writ Petition accordingly. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]