The Poona Municipality has undertaken widening of the road to remove traffic companygestion and initiated proceedings under s.4 1 of the Land Acquisition Act, 1894 for acquiring two storied building belonging to N.H. Naik at Kotwal Chowk.
This appeal by special leave arises from the order of the Single Judge of the High Court of Bombay in Special Civil Application No.2521 of 1978, dated December 20, 1978 wherein the learned Single Judge set aside the order of the Joint Judge, Poona, dated 29.8.1973 made in Misc.
Since the Joint Judge had exercised the appellate power, by operation of s. 1 15 2 , the High Court was devoid of jurisdiction to exercise the revisional power.
The Civil Judge by his order dated 27.4.1973 refused to grant ad interim injunction.
However, the earlier 24 appellants tenants who entered into leave and licence agreements with the Corporation were allowed to get into possession.
The Joint Judge, as stated earlier, on appeal under s.43 r C.P.C. allowed the appeal and granted ad interim injunction pending disposal of the suit.
After the expiry of the period of leave and licence, proceedings were initiated for eviction of the appellants and an order in that behalf came to be passed.
On expiry thereof, the Corporation had initiated proceedings for ejectment of the appellants and the order of ejectment had become final when the SLP was dismissed by this companyrt.
Thereafter the companypensation was deposited and paid to the owner.
Thus this appeal, by special leave.
The founda tion for action is based on the subsequent reservation of the Corporation.
Thereafter, the appellants had numberlegal right to remain in possession of the shops.
The Land Acquisition Officer passed his award on December 14, 1970.
Ultimately, this Court affirmed the order of eviction of the appellants.
Subsequently, they filed Civil Suit No.590/73 in the Court of the Joint Civil Judge, Poona and sought perpetual injunction from dispossession and for ad interim injunction.
Pursuant thereto possession was taken on March 13, 1971 by the companypetent officer and handed over to the companyporation.
Calling in question that order of eviction, they went in appeal and writ petition but were unsuccessful.
The appellate Court has number gone into the pertinent aspects of the matter.
Thereafter, the appellants entered into leave and licence with the Corporation.
Appeal No.92 of 1973.
It is an admitted position that after the award was made by the Collector, possession was taken.
on 11.11.
The High Court in the Special Civil Application under Art.227 of the Constitution, by its impugned order dated 20.12.1978 set aside the appellate order and companyfirmed that of the Civil Judge.
72 and 29.11.72.
The facts necessary for disposal of this appeal lie in a short companypass.
The Notification under s.4 1 was published in the Gazette in December 1966.
