LAWS(BOM)-2023-6-720

IDGAH NAZM COMMITTEE Vs. NAGAR PARISHAD

Decided On June 13, 2023
Idgah Nazm Committee Appellant
V/S
NAGAR PARISHAD Respondents

JUDGEMENT

(1.) Considering the nature of controversy raised, the applicants/original plaintiffs have filed a pursis dtd. 12/6/2023, which is taken on record and marked as "X" for the purpose of identification, which is under the signatures of the applicant nos.1 and 2, who are the trustees of the Idgah Nazm Committee, who are also present in the Court today.

(2.) The pursis "X" states that the road is going through the Waqf property of the applicant Waqf situated at Survey no. 72, admeasuring 6.12 acres and the length of the road which would be passing through it is approximately 1000 sq.ft. It is further stated that the respondent No.1 Nagar Parishad, Deulgaon Raja shall construct the remaining part of the road and shall fix the marking, so as to ensure the centre point of the proposed road, and in case the applicant establishes its right to the land of Survey no.72, then the respondent no.1 shall pay the requisite compensation as per law to the applicant Waqf.

(3.) The respondent No.1 has filed a pursis on record dtd. 9/6/2023 under the signature of the Chief Officer, which is taken on record and marked as "Y" for the purpose of identification, which states that in case the applicant proves its right of ownership over the land of Survey no. 72, Mouza - Deulgaon Raja and thereby the right to the 18 meter wide D.P. road which is being constructed as per the sanctioned Development Plan, sanctioned on 16/10/2006, the respondent no.1 shall pay compensation for the area of the D.P. road to the applicants.