1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3432 OF 2008 1. M/s.C.V.Shah and A.V.Bhat & ors. Petitioners vs 1. Shri R.J.Sharma & anr. Respondents Mr.G.S.Godbole with Mr.A.B.Tajane for the petitioners. Mr.Sachin Shetye with Mr.Milind Deshmukh for the respondents. CORAM : R.V. MORE,J. DATED : 31st July, 2008 P.C. Heard the learned counsel for the respective parties. 2. The petitioner takes exception to the order passed by the Estate Officer, Pune Cantonment, Pune, whereby his application to direct the respondents to furnish original copy of award and possession receipt as well as panchanama came to be rejected. 3. The respondents filed proceedings against the petitioners under the Public Premises (Eviction of Unauthorised Occupation) Act, 1971 for possession of alleged encroached area after demolition of compound wall. 2 4. Mr.Godbole, the learned counsel for the petitioners, submits that the petitioners do not dispute the respondents title in respect of the acquired land. He further submits that in pursuance of measurements carried on 17.2.1999 the petitioners have constructed a wall on the eastern boundary of their land and they have not encroached upon any area belonging to the respondents. He further submits that the real dispute is about boundary. The petitioners, in view of above facts and circumstances, preferred the application for direction to respondents to produce copy of the original award and possession receipt. This application came to be rejected by the learned Estate Officer by the impugned order. 5. Col.Dilip Chintamani Kotibhaskar on behalf of the respondents has filed affidavit on 19.06.2008 opposing the relief claimed in the petition. In paragraph 7 of the affidavit he has stated that the copy of the award is not available with the Local Military Authority. In paragraph 8, he has stated that the Military Authority in order to prove it’s case is relying upon the documents namely; (a) Map supplied by Special Land Acquisition Officer. (b) Military Lands Register. (c) The Bombay Government Gazette May 10, 1934, Page 961 and 962. 3 (d) The Bombay Government Gazette Jan 18, 1934, page 118. (e) Map prepared by City Survey Officer on 11th and 12th April 1980. 6. Mr.Godbole, the learned counsel for the petitioners submits that if the abovementioned documents are produced before the Estate Officer, the petitioners purpose will be served. 7. In the above facts and circumstances of the case, this petition is disposed of by the following order: ORDER ORDER ORDER (i) The respondents, in terms of para 8 of their affidavit dated 19th June, 2008, shall produce the documents mentioned therein before the Estate Officer and the copies of the same shall be given to the petitioners within a period of four weeks from the date of the receipt of this order. (ii) The impugned order is modified accordingly. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]