LAWS(SC)-2022-8-21

SHIRDI NAGAR PANCHAYAT, SHIRDI Vs. APPASAHEB NARAYAN CHAUDHARI

Decided On August 05, 2022
Shirdi Nagar Panchayat, Shirdi Appellant
V/S
Appasaheb Narayan Chaudhari Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 9/9/2021 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Writ Petition No. 5591/2018, by which the High Court has allowed the said writ petition and has directed the appellant herein - original respondent No.4 - Shirdi Nagar Panchayat, Shirdi to prepare the proposal for acquisition of the land in question, original respondent No. 4 - Shirdi Nagar Panchayat, Shirdi has preferred the present appeal.

(2.) At the outset, it is required to be noted that the private respondents herein filed a writ petition before the High Court and prayed for the following reliefs:

(3.) An Additional Affidavit on behalf of the appellant herein - original respondent No.4 has been filed before this Court , by which it is now the case on behalf of Municipal Council (subsequently the Gram Panchayat has been converted into Municipal Council) that the possession of the land in question was taken for the purpose of construction of a tank by private negotiations and the agreed amount of compensation was paid, for which the extract of the cash book dtd. 12/11/1981 and the cash book for the month of May, 1983 and other documents are produced to show that approximately Rs.1,21,000.00 was paid to the original writ petitioners - respondent Nos. 1 and 2 herein and they received the amount of compensation.