Allowed

The Municipal Corporation, Aurangabad v. Harikishan Ramkishan Pardeshi and Others

Bombay HC23 Jan 2015CA/885/2015

Case brief

AI extract

What is this about?

In a civil application connected to a writ petition regarding land possession for road and flyover construction, the court allowed the applicant's request. The original petitioner had agreed to hand over specific land portions for development in perpetuity, retaining only the right to compensation.

What did the court decide?

Allowed; land portion to be perpetually transferred to the Corporation for construction purpose.

The Municipal Corporation, Aurangabad Vs… — Pension and Retirement Benefits | Bombay HC (2015)

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1 CA 885/2015

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 885 OF 2015
in
Writ Petition No. 7282 of 2005

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TheMunicipalCorporation, Applicant
Aurangabad

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V E R S U S

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Harikishan Ramkishan Pardeshi &
Ors.

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Respondents

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Shri S.N. Pagare, Advocate for the applicant
Shri Pradeep Deshmukh, Advocate, holding for
Shri R.S. Sarvadnya, Advocate for respondent no.1

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 CORAM : A. V. NIRGUDE &
 V. K. JADHAV, JJ.
 DATE : 23rd January, 2015

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PER COURT :

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1.Vide this application, the respondent/
Municipal Corporation wants possession of part of
petition land for development of road and flyover etc.
Learned counsel for the original petitioner had
graciously agreed to the proposal in his client's
presence Shri Pawan Dongre. The petitioner's
successor-in-title is present before the Court.
Learned counsel for the original petitioner stated
that his client would hand over possession of the
portion of petition land to the extent mentioned in
the application [2205 square meters on western side,

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2 CA 885/2015

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situated at Kesarsingpura, Station Road, Aurangabad]
for the purpose of construction of flyover etc. In
view of this, this portion of the petition land would
stand perpetually transferred to the Corporation. In
the past, the Corporation had already agreed to pay
compensation for the petition land. The petitioner
reserves his right to challenge the land acquisition
Award. But, to the extent of land mentioned above, the
petitioner would insist only on compensation. With
such understanding, the application is allowed and
stands disposed of accordingly.

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( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. )

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SRM/23/1/15

The Municipal Corporation, Aurangabad v. Harikishan Ramkishan Pardeshi and Others

Case brief

What is this about?

What did the court decide?

The Municipal Corporation, Aurangabad v. Harikishan Ramkishan Pardeshi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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