IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO.272/2009 [Mamraj Haribakar Agrawal ..vs.. Municipal Council ] =================================== CORAM: S.R. DONGAONKAR, J. DATE:29.1.2009 . Heard Shri Purohit, Advocate for the petitioner and Shri Parchure, Advocate for the respondent no.1 & 2 and Shri Sonare, A.G.P. for respondent no.3. It is pointed out by the learned counsel for the respondent that in paragraph 10 of the written submissions, it is stated “It is however, submitted that in the event the petitioners claim only the relief of protection of their properties, this respondent is willing to take over the said property by following the due process of law and compensation in accordance with law shall also be paid to the petitioners” and therefore, if the petitioners do not consent for voluntary surrender of possession, for the road purpose, the respondents would take appropriate proceedings by following due process of law and payment of compensation in accordance with law. The learned counsel for the petitioner, has no objection to dispose of the petition, on the strength of this statement keeping right alive to challenge the proceedings as may be permissible in law. In this view of the matter, therefore, the petition is disposed of subject to the statement by respondents that the respondents would take over the property of the petitioners by following due process of law and payment of compensation in accordance with law, however, with liberty to the petitioners to challenge the process as may be permissible in law. Petition stands disposed of. JUDGE SMP