MGN 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.1652 of 2007 PETITION NO.1652 of 2007 PETITION NO.1652 of 2007 Khandu s/o.Kishan Bagade & Ors.. ..Petitioners Versus The State of Maharashtra & Ors. ..Respondents Mr. J.G. Reddy for the Petitioner Mr. P.M. Patil, AGP for Respondent Nos. 1 to 5. CORAM CORAM CORAM : : : F.I. F.I. F.I. REBELLO & REBELLO & REBELLO & R.M.SAVANT, R.M.SAVANT, R.M.SAVANT, JJ. JJ. JJ. DATED DATED DATED : 16TH APRIL, 2007 : 16TH APRIL, 2007 : 16TH APRIL, 2007. P.C. P.C. P.C. . It is the case of the petitioners that though their land was acquired their residential houses were not acquired. It is submitted that thereafter the respondents issued notice under Section 4 in respect of the houses, but without issuing the declaration or passing an award are seeking to forcibly evict the petitioners from their houses without following due procedure of law. 2. The respondents dispute the same and point out that the houses have come up after the land was acquired and as such the petitioners are not entitled to any compensation. 3. The issue involved is disputed question of fact as to whether the houses were in existence at the time when the earlier award was passed or were not in existence. If it is the case of the petitioners that they are being dispossessed without following due authority of law it is always open to the petitioner to file a suit for protection of their proprietary rights. With the above observation petition disposed of. (R.M. R.M. R.M. SAVANT,J) SAVANT,J) SAVANT,J) (F.I.REBELLO F.I.REBELLO F.I.REBELLO, J)