SHAH HYDER BEIG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition is filed on 21-10-1992 claiming three-fold reliefs (1) to issue a writ of Certiorari or any other writ, direction or order in the nature of Writ of Certiorari quashing and setting aside the Notification No. TPS/13/ah/ dated 15-5-1971 published in the Maharashtra Government Gazette, Poona Division, Part I Supplement dated 17-6-1971, at page No. 1342 under section 126 (4) of the Maharashtra Regional and Town Planning Act, 1966 read with section 6 of the Land Acquisition Act, 1894, (2) To issue a Writ of Certiorari or any other writ order or direction in the nature of Writ of Certiorari or order or direction to quash and set-aside the award dated 26-4-1976 regarding CTS No. 5161-A of Ahmednagar town, (3) to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus directing the respondents to hand over vacant possession of the disputed site No. CTS 5161-A situated in Ahmednagar city to the petitioners within a specified period by removing all encroachments.

(2.) THE main thrust of the grievance of the petitioners in this writ petition is that the power to acquire the land of the petitioners was exercised for an extraneous and irrelevant purpose and therefore, it was in colorable exercise of powers vitiated by malice at the behest of the acquiring body to satisfy its chagrin and anguish in the matter of development of said land by the petitioners. Therefore, a brief resume of the facts leading to the filing of the writ petition requires to be stated. The petitioners have set out the facts in different paragraphs at different stages.

(3.) THE petitioners have come out with three stages of the proceedings.