SANGRAM VASANTRAO GAIKWAD Vs. GENERAL MANAGER

JUDGEMENT

(1.) Heard. For the purpose of convenience, facts of Writ Petition No. 8996 of 2019 are taken with Writ Petition No. 9701 of 2019.

(2.) Petitioner is plaintiff in R.C.S. No. 1775 of 2018 pending on fle of Jt. Civil Judge Junior Division, Pune whereas respondents are defendants.

(3.) Petitioners claim that land Gat No. 63/3B Class 1 and 63/4B class 1 located at Mouje Mundhwa Taluka Haveli, District: Pune is owned and possessed by them. They have carried out measurement on 22/08/2016 as is sought to be demonstrated by relying upon the order issued to that effect by the City Survey Department. In the aforesaid background, the submissions are, respondent-defendant- railway authorities are trying to execute the project on the land owned by the petitioner by trespassing/encroaching. According to learned senior counsel, both the courts below have failed to appreciate the ownership, measurement, absence of Award under Land Acquisition Act as is claimed by the defendant.