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 WRIT WRIT WRIT PETITION NO. 6154 OF 2007 PETITION NO. 6154 OF 2007 PETITION NO. 6154 OF 2007 Suresh Ramkaran Upadhye .. Petitioner Vs. State of Maharashtra & Ors... Respondents Mr.Ashok Tajane h/f Mr.G.S.Godbole for Petitioner Mr.V.A.Sonpal AGP for Respondent no.1 Mr.Nitin Jamdar for Respondent no.2 CORAM CORAM CORAM : V.C.Daga and : V.C.Daga and : V.C.Daga and Mrs.Mridula Mrs.Mridula Mrs.Mridula Bhatkar, JJ Bhatkar, JJ Bhatkar, JJ DATED DATED DATED : 2nd March, 2009 : 2nd March, 2009 : 2nd March, 2009 P.C. P.C. P.C. 1. Heard learned counsel holding for Mr.G.S.Godbole for the petitioner. Perused the petition. The State Government has filed its affidavit in reply to the petition reading as under : " The State Government after consulting the Director of Town Planning and after making necessary inquiry sanctioned the proposed modification partly, by deleting theland from reservation and including the same in Residential zone as per section 37 (2) of the said Act. In the decision of the Government for approving the proposed modification, the Government has not approved the proposed & granting additional F.S.I. on the land released under reservation. Thereafter the Government vide letters dated 18/1/1999 & dated 28/3/2008 communicated to the Commissioner, Solapur Municipal Corporation regarding payment of an appropriate compensation. (Hereto annexed and marked an Exhibit ’A’ and Exhibit ’B’ respectively. " 2. In rejoinder, learned counsel appearing for the petitioner pointed out that vide letter dated 28th March 2008 the State Government has already issued directions to the Solapur Municipal Corporation to initiate proceedings for payment of compensation to the petitioner. He submitted that no proceedings are yet initiated. It is no doubt true that the petition appears to have been filed somewhere in July 2007 and letter dated 28th March 2008 is subsequent to the filing of the petition. Nevertheless, in view of the letter dated 28th March 2008 the Corporation is obliged to initiate proceedings for determining compensation in favour of the petitioner. In the above view of the matter, respondent no. 2- Municipal Corporation of the city of Solapur is directed to act upon the letter dated 28th March 2008 by initiating proceedings for determination of the compensation with expedious despatch at any rate within three months from the date of receipt of copy of this letter. All contentions on merits in far as determination of compensation is concerned are kept open. The counter affidavit sought to be filed after the dictation of the order is refused to be taken on record. { Smt M.R.Bhatkar, J } Smt M.R.Bhatkar, J } Smt M.R.Bhatkar, J } { V.C.Daga, J } V.C.Daga, J } V.C.Daga, J }