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1996 Supreme(SC) 1376

G.B.PATTANAIK, K.RAMASWAMY
Chandragauda Ramgonda Patil – Appellant
Versus
State Of Maharashtra – Respondent


ORDER

These Special Leave Petitions have been filed against the orders passed in W.P. No. 5196/89 on March 12, 1990 and W.P. No. 1552/96 on April 26, 1996. There is absolutely no merit for condonation of delay in the first writ petition. As regards the second writ petition, the facts are not in dispute. Way back in 1974, notification under Section 126(4) of the Maharashtra Regional Town Planning Act ["MRTP Act", for short] was issued after the approval of the Scheme by the State Government, for acquiring the land for utilisation thereof for the stated Scheme. Pursuant thereto, an award came to be passed by the Land Acquisition Officer under Section 11 of the Land Acquisition Act, 1894 (for short, the "Act") on November 11, 1977. Possession was taken earlier on October 21, 1974. After the utilisation of the land, surplus land was sought to be used for allotment to some of the Councilors and the employees of the Kolhapur Municipality. Consequently, the first writ petition came to be filed which was dismissed on merits on March 12, 1990. Thereafter, the petitioners filed a suit challenging the acquisition and suit came to be dismissed as withdrawn being not maintainable. Writ Petition







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