Bombay High Court
Mahadeo Dewaji Nagulkar (Dead) ... vs Nagpur Improvement Trust & ... on 6 June, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.2412 of 1993
Mahadeo s/o Dewaji Nagulkar,
Aged about 60 years, Occ.-Household,
R/o.-H.No.28, T.S. No.354,
Mangalwari, Azamshah Chowk,
Gagajamna Road, Cir. No.5/10, Nagpur. .... (Dead)
(Legal heirs of the petitioner)
1] Anil s/o Mahadeo Nagulkar, (Amended as per Court's
Aged about 40 years, Occ.-Service, order dated 17-4-1995)
2] Pankaj s/o Mahadeo Nagulkar,
Aged about 20 years, Occ.-Nil,
3] Smt. Chandrakala w/o Prakash Pise,
Age Major, Occ.-Household,
R/.o-Siraspeth, Nagpur .... (Dead)
(Legal heirs of petitioner no.3)
3-A] Ku. Likhita d/o Prakash Pise, (Amended as per Court's
Aged major, Occ-Nil, order dated 11-08-2014)
R/o.-Juni Mangalwari, Nagpur.
3-B] Sachin s/o Prakash Pise,
Aged major, Occ-Nil,
R/o.-Juni Mangalwari, Nagpur.
4] Smt. Laxmidevi w/o Devidas Bandre, (Amended as per Court's
R/o.-Dattawadi, Suraksha Nagar, Nagpur. order dated 17-4-1995)
.... Petitioners.
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-Versus-
1] Nagpur Improvement Trust,
through its Chairman, Nagpur.
2] The Land Acquisition Officer,
for the Nagpur Improvement Trust, Nagpur.
3] Smt. Radhikabai w/o Tulsiram Akre,
Aged about 70 years, Occ.-Household Affairs,
R/o.-near Bus Stop, Ramtek,
Tah. Ramtek, Distt. Nagpur.
4] Smt. Gopikabai W/o Gajananrao Akre,
R/o.-Somwari Quarter, Nagpur. .... (Dead)
(Legal heirs of resp. no.4.)
4-i] Keshav s/o Gajanan Akhare, (Amended as per Court's
Occ. Private, order dated 29-07-2016)
(Correct address of resp. no.4-i)
Keshao @ Kishore s/o Gajanan Akre, (Amended as per Registrar's
R/o.-Qtr. No.E, Type No.63, order dated 07-09-2016)
near Atta Chakki, Vidyut Vihar,
Koradi Power House, Tah. and District Nagpur.
4-ii] Sunil s/o Gajanan Akhre,
Aged about 50 years, Occ-Private Business
(Unsound Mind),
through his wife Rekha Sunil Akhare (Caretaker),
4-ii-a] Rekha w/o Sunil Akhare,
Aged about 42 years,
Occ.-Private Business,
R/o.-C/o.-Plot No.470, Nana Vitthal Wanjari,
Deshpande Layout, Nagpur.
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4-iii] Mangla Giridhar Bhute,
Aged about 52 years, Occ.-Household,
All residents of near Power House
beside Hanuman Mandir Subhash Lottery Centre,
near Narsingh Talkies, Mahal, Nagpur.
5] Smt. Shakuntalabai w/o Manohar Akre,
Aged about 62 years, Occ.-Household Affairs,
R/o.-Anand Nagar, Nagpur.
6] Smt. Maltibai w/o Anandrao Akre,
Aged about 58 years, Occ.-Household Affairs,
R/o.-Kalamna Market, Nagpur. .... Respondents.
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None for the petitioner.
Shri V.P. Maldhure, Assistant Government Pleader for respondent no.2.
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Coram : R. K. Deshpande &
Mrs. Swapna Joshi, JJ.
Dated : 06 June, 2017
th
ORAL JUDGMENT (Per R. K. Deshpande, J.)
This petition claims the relief of directing the respondent
no.1 to allot Plot No.45 in his favour or to make rehousing
arrangement under Section 31 of the Nagpur Improvement Trust Act,
1936 [for short, "the said Act"] before evicting the petitioner from
the property in question.
2] It is not in dispute that the Nagpur Improvement Trust framed
a Central Avenue Road Scheme under Section 31 of the said Act and
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for that purpose a Notification was published in the Official Gazette
on 07-08-1958 for acquisition of land under Section 39 of the said
Act. A final declaration was made under Section 45 therein which
was published on 27-08-1963. The award was passed on 24-04-1973
in respect of the entire land admeasuring 3418 sq.ft. and the
compensation of Rs.18,950/- was awarded jointly to all the six
owners including the present petitioner. The petitioner applied for
abandonment of Plot No.45 from acquisition under Section 68(2) of
the said Act. The claim was rejected on 03-05-1982. The petitioner
filed Civil Suit No.1608 of 1982 for grant of declaration that he is
entitled for the allotment of Plot No.45. It was dismissed on
03-12-1984 and Regular Civil Appeal No.173 of 1985 was dismissed
on 08-05-1992. This Court also dismissed Second Appeal
No.457 of 1992. It is, in this background, thus, this petition is filed
for allotment of Plot No.45 by the petitioner.
3] The claim for abandonment of Plot No.45 from acquisition
made under Section 68(2) of the said Act was rejected and the
challenge to it in a Civil Suit has failed. This has attained the finality
up to this Court. In view of this, the present petition claiming the
same relief is liable to be dismissed on this short ground of bar of
resjudicata. Apart from this the stand of the respondent-Nagpur
Improvement Trust in the return filed is that the property was needed
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for implementation of Central Avenue Street Scheme and it has been
utilized in its entirety. Under the Scheme there is a widening of
Central Avenue Road and shopping complexes have been constructed
besides this widened road. According to the respondent-Nagpur
Improvement Trust the Scheme has been executed 100% and there is
no case made out for abandonment of Plot No.45. It is pertinent to
note that the property was jointly owned by the petitioner along
with his brothers and out of the land acquired for the purposes of the
said Street Scheme, Plot No.45A was alloted to the family of the
petitioner.
4] In view of the aforesaid position, we do not find any substance
in this petition. The same is therefore dismissed. No order as to
costs.
JUDGE JUDGE
Deshmukh
