( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 507 OF 2010 The Executive Engineer, National Highway Division, Jalgaon. PETITIONER VERSUS Shri Goldie s/o Ajay Jaiswal & others RESPONDENTS ..... Mr. Alok Sharma, advocate for the petitioner. Mr. B.R. Kedar, advocate for respondent No.1. Smt. Y.M. Kshirsagar, AGP for respondent No.2. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 29th April, 2010] PER COURT : 1. Heard. 2. By consent, the petition is being disposed of on following terms : (i) Instead of the private Court Commissioner, the Town Planner of Jalgaon Municipal Corporation shall be appointed by the Court to carry out the work of inspection in order to locate whether or not the suit properties mentioned in the plaint are within the boundary limits of National Highway No. 6 or not. ( 2 ) (ii) The appointment of Court Commissioner shall be subject to condition that within one week from today, the respondent No. 1 shall file an undertaking in the trial Court that if his building or any part thereof is found within the limits of National Highway No. 6 or within the prohibited distance of 40 meters from the centre point of the Highway, then it shall be dismantled/removed by him at his own cost within period of two (2) weeks without any further objection. (iii) The parties agree that if the report of the Court Commissioner is submitted to the trial Court within fifteen days and if the report is prima facie found to be correct by the trial Court, then the preliminary issue would be addressed to by them expeditiously for early disposal of the same. The preliminary issue shall be decided by the trial Court expeditiously within period of two (2) months, after the report is submitted. (iv) The work of the Court Commissioner shall be completed within fifteen (15) days after receipt of the ( 3 ) copy of the order which shall be issued immediately after receipt of the authenticated copy of this order by the trial Court. 3. The petition is accordingly disposed of. 4. The parties to act on copy of this order duly authenticated by the Court Shirestedar. [ V.R. KINGAONKAR ] JUDGE NPJ/wp507-2010