1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.322/2010 Shree Dhanraj Nihalchand Oswal ..Petitioner. vs. The State of Maharashtra & ors ..Respondents. Mr G.S.Godbole with Mr Nitin Mulye, Advocate for the Petitioner. Mr A.P. Kulkarni, Advocate for Respondent No.5 and 6. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 14TH JANUARY,2010 P.C.:- The petitioner by this petition challenges a notice issued by the Land Acquisition Officer for handing over possession of the land. Admittedly, the land has been acquired long back. Even an Award has been made in the year 1979. The petitioner has, admittedly, challenged the 2 acquisition by filing a suit. That suit has been dismissed. The entire petition is based on an agreement entered into between the owner of the land and the Municipal Corporation. Admittedly, though the agreement is entered between the landlord and the Corporation, the land has not been deleted from the acquisition. The power to delete the land from the acquisition is vested in the State Government. The Corporation has no power to delete any land from acquisition which has been compulsorily acquired. The petitioner is a tenant of the land. There is already a decree of eviction passed against him, though an appeal is pending. In our opinion, as the acquisition is completed and there is no challenge to the acquisition, the notice of the Land Acquisition Officer for delivery of the possession cannot be faulted. We find no substance in the petition. The petition is rejected. (D.K. DESHMUKH,J) (A.R.JOSHI,J)