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Judgment
S.A. Bobde, J.—Rule returnable forthwith.
Heard by consent.
The only contention of the Petitioner is that the Respondents did not acquire the land which they had reserved for providing an access since the Respondents could have well acquired the access which was provided in the portion marked green at page 94.
Though, the matter does not involve the violation of any law vested in the Petitioner nor is there breach of any legal duty, we issued notice to the Respondents calling upon them if it is possible to acquire the portion which is marked in green instead of the portion they are proposed to acquire.
Shri Amey Kakodkar, learned Additional Government Advocate submitted that the Petitioner''s proposal has been considered but if it is accepted it will result in denying access to the property at survey Nos. 9/25 and 9/1.
Thus, we find that these are matters which must be left to the discretion of the authorities, unless the power is shown to have been exercised in a mala fide manner. The present case does not call for interference. Hence the petition is dismissed.