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Judgment
Abhay Shreeniwas Oka, J.—On 15th January, 2014, notice for final disposal has been issued. Noting of the Registry shows that the notice has been duly served to the fourth respondent-Municipal Council. The grievance made in the petition is as regards the land described in clause (i) of paragraph 2 of this petition. The petitioner claims to be the only legal representative of his father Late Noormohammed Suleman Bagwan, who was the original owner of the said land. The contention raised in the petition is that though no portion of the said land was acquired by any of the respondents in accordance with law, a road has been constructed through the said land. The petitioner is relying upon a Survey Map prepared by the Taluka Inspector of Land Records, Karad, which shows that substantial portion of the said land has been occupied by the road. The petitioner is relying upon applications made under Right to Information Act, 2005.
There is a reply filed by Shri Shankar Bhagwan Bhosale, Special Land Acquisition Officer NO. 12, Satara, District Satara. Paragraph 3 of the said reply reads thus :
"With reference to para 2(v) to 2(xi) of the Petition, I say that the Petitioner''s land bearing Gat No. 283/A/2/1 admeasuring 31 R situated at Malkapur Taluka Karad District Satara was not acquired by this office or land acquisition proposal of Petitioner''s said land is not in processes in this office as on today hence question of making payment and taking possession of petitioner''s said land is not arise."
There is no reply filed by the fourth respondent-Chief Officer of the Malkapur Nagar Panchayat. Exhibit ''A'' is a true copy of the 7/12 extract of the said land, which shows that the petitioner''s father Noormohammed Suleman Bagwan was the holder of the said land and now the name of the petitioner has been mutated in the 7/12 extract.
In view of the categorical stand taken in the reply filed by Shri Shankar Bhagwan Bhosale, it follows that construction of the road on the said land appears to have been made by the said Municipal Council without following due process of law.
The first prayer in this petition under Article 226 of the Constitution of India is for restoration of the peaceful possession of the area occupied by road. The second prayer is for payment of compensation.
As a road is already in existence as seen from Exhibit ''B'', a reasonable time deserves to be granted to the fourth respondent to acquire the land in accordance with law and to pay the compensation to the petitioner. On the failure of the fourth respondent to pay compensation after acquiring the land within the stipulated time, the petitioner will be entitled to restoration of possession.
Hence, we dispose of the petition by passing the following order:
(i) We accept the statement made in paragraph 3 of the affidavit of Shri Shankar Bhagwan Bhosale, Special Land Acquisition Officer No. 12, Satara, District Satara;
(ii) We direct the Malkapur Nagar Panchayat to acquire the portion of the said land covered by the road in accordance with law and to pay compensation to the petitioner. The acquisition shall be completed and compensation shall be paid in accordance with law on or before 31st July, 2016, provided an authenticated copy of this order is served by the petitioner to the Chief Officer of Malkapur Municipal Council within a period of two weeks from the date on which it is uploaded;
(iii) If the fourth respondent fails to acquire the land in question and to pay compensation to the petitioner on or before 31st July, 2016, the fourth respondent shall restore the said land to its original condition and shall place the petitioner in possession thereon on or before 31st October, 2016;
(iv) We direct the petitioner to serve an authenticated copy of this order to the fourth respondent within a period of two weeks from the date on which this Judgment and Order is uploaded;
(v) The fourth respondent shall act on the authenticated copy of this order;
(vi) Rule is made absolute on the above terms.