FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.6132 OF 2006 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.T.D.Deshmukh for the petitioner. Mr.A.H.Palekar AGP for respondent nos.1 and 2. Mr.U.B.Nighot for respondent no.3. Ms.Manjiri Parasnis for respondent no.5. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 29TH FEBRUARY, 2008 DATED: 29TH FEBRUARY, 2008 DATED: 29TH FEBRUARY, 2008 P.C.: . Heard learned counsel for the parties. 2. This writ petition is directed against an order passed in the proceedings initiated by the petitioner under section 48(1) of the Land Acquisition Act, 1894. A challenge to the order impugned is solely on the ground that there is a decree in favour of the petitioner by which he is declared as owner of the suit land. Even if it is assumed that there exist such decree in favour of the petitioner he admittedly did not challenge the acquisition on the basis of the decree. It is not disputed that possession of the land was taken from respondent no.3 and it came to be allotted to respondent nos.4 and 5 in 1979 and possession thereof was given to them in 1988. It is pertinent to note that the compensation had also been paid to respondent no.3 and the petitioner till date has not taken any steps challenging either payment of compensation to respondent no.3 or acquisition of the land. Keeping these facts in view I do not find any reason to interfere with the order impugned in the present writ petition. Moreover, it is necessary to notice that under section 48(1) it is not open for the Government either to withdraw from the acquisition of any land or delete any land of which possession has already been taken and is allotted to project affected person. In the circumstances this writ petition is dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)