The Administrator Municipalcommittee ... vs Ramji Lal Bagla And Others on 26 July, 1995
"It is not in dispute that the award in respect of
Survey Nos.167, 168/1, 168/2 and 169/2 admeasuring
22.49 acres of Mouza-Bhandewadi was passed on 15th
February 1962 and in terms of the averments made in
para 2 of the writ petition, its possession was also taken
from the land owners including the present petitioners
after paying compensation to them. The Prayer made in
the petition for restoration of land to the original owner
as the land has not been yet put to the purpose for
which it was taken, cannot be considered in view of the
fact that the petitioners lost the ownership after award
was passed, possession was taken and compensation was
paid. The law is well settled in view of the judgment of
the Supreme Court in Administrator, Municipal
Committee Charkhi Dadri And Another vs. Ramjilal
Bagla And Others (1995) 5 Supreme Court Cases 272
and followed by this Court in Ramakant Vithobaji
Gaikwad Vs. Government of Maharashtra and Other
2000(4) Maharashtra Law Journal 597 and fairly
conceded by Mr. Parchure that such lands vested in the
Government after acquisition cannot be restored to the
owner or who so ever. In that view of the matter, it is
not possible for us to interfere in the matter. Insofar as
Civil Application No.1793 of 2010 is concerned we do
not propose to say anything except that the contents of
the said civil application and the prayer do not and
cannot form subject matter of present writ petition.