BHASKAR WALKU MEHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. With the consent of parties, rule made returnable forthwith and heard finally.

(2.) The above writ petition is challenging the order passed by the Competent Authority i.e. the Sub-Divisional Officer, Sub-Division Ulhasnagar in proceeding bearing No. 587/2022 dtd. 21/12/2022. By this order, the Sub-Divisional Officer has directed to disbursement of compensation of Rs.5,35,47,730.00 to the Petitioner and Respondent nos. 5 to 17 equally, as per the latest 7x12 extract.

(3.) The learned counsel appearing on behalf of the Petitioner submitted that there is a serious dispute in relation to the boundaries of the properties which form the subject matter of the petition. He submitted that originally there was Survey No. 123/1. This property was sub-divided into three parts namely 123/1A, 123/1B and 123/1C. In the present case, there was an acquisition by the State for a National Highway of a part of Survey No. 123/1. The dispute really was, as to which portion of 123/1 was acquired by the State, namely, whether it was 123/1A; or 123/1B; or part of 123/1A and part of 123/1B. The State, even today is unable to determine from which portion of Survey No. 123/1, the land in question was acquired. This problem has arisen because admittedly there is no partition by metes and bounds.