MUNICIPAL COUNCIL AHMEDNAGAR Vs. SHAH HYDER BEIG

JUDGEMENT

(1.) Leave granted.

(2.) The Municipal Corporation, Ahmed-nagar and another are in appeal against an order of the Bombay High Court (Aurangabad Bench) in Writ Petition No. 1156 of 1993, wherein the Writ Petition filed by the respondents Nos. 1 to 3 herein, Shah Hyder Beig and two others was allowed and the Municipal Corporation was directed to make over vacant possession of the land bearing CTS No. 5761-A situated at Ahmednagar to the petitioners within a period of three months from the date of the Judgment. The High Court further directed the writ petitioners to refund the amount of compensation received by them for the acquired land within a period of four weeks from the date of handing over the possession of the land to them by the respondent Corporation along with certain consequential orders. The facts of the matter being singularly singular ought to be adverted to at this juncture.

(3.) The facts depict that the Writ Petition before the High Court was filed on 21st October, 1992, for setting aside the Award dated 26th April, 1976 in regard to CTS No. 5761 of Ahmednagar Town. Subsequent thereto, however, the Writ Petition was amended for issuance of a Writ of Certiorari for quashing and setting aside the notification 15th May, 1971 issued under Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the Act) read with Section 6 of the Land Acquisition Act, 1894. It is on this petition that the High Court made the rule absolute and directed making over of the vacant possession of the land under acquisition within a period of three months from the date of the Judgment as noticed above. The appellants on grant of special leave to appeal are before this Court.