1 GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. 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 SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO. 6094 OF 2004 PETITION NO. 6094 OF 2004 PETITION NO. 6094 OF 2004 ------------------------------------------------------------ Office Notes, Office ) Memoranda of Coram, ) appearances, Court’s ) Court’s or Judge’s orders orders or directions ) and Registrar’s orders.) ------------------------------------------------------------ Mr. S.B. Shetty for Petitioenr. Mr. R.H. Patne, A.G.P. for State. CORAM : F.I. REBELLO & S.P. KUKDAY,JJ. DATED : FEBRUARY 10, 2005 P.C. . The Petitioner had applied that his land be not acquired or be released under Section 48(1) of the Land Acquisition Act, 1894 relying on the circular dated 28.6.1998. That came to be rejected by the Additional Commissioner by his order dated 10.5.2002 wherein it is pointed out that the circular has been cancelled by Government letter dated 11.2.2000 in accordance with the judgement of the Apex Court order dated 27.3.1995 in Appeal No. 2 6692 of 1998 in Shri. Krishna Hari Hake Vs. State of Maharashtra. . Apart from that the declaration under Section 6 was issued. In other words the public purpose has been declared and award thereafter came to be passed on 30.11.2002. The Petition is filed on 2.7.2003. The declaration under Section 6 was made on 27.11.2000. Considering the judgement of the Apex Court in Municipal Council Ahmednagar and another Vs. Shah Hyder Beig and others, AIR 2000 S.C. 671 this will not be a fit case for this court to exercise its extra ordinary jurisdiction. Hence, petition rejected. (F.I. REBELLO,J.) (S.P. KUKDAY,J.)