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1995 Supreme(SC) 1120

K.RAMASWAMY, S.SAGHIR AHMAD
State Of Maharashtra – Appellant
Versus
Umashankar Rajabhau – Respondent


Advocates:
S.M.JADHAV, V.B.JOSHI

ORDER

1. This appeal by special leave arise from the judgment and order dated 18-7-1979 made in Special Civil Application No. 92 of 1975 by the High Court of Bombay. Notification under Section 4(1) acquiring an extent of about 5 acres of land was published in the State Gazette on 17-9-1970 for public purpose, namely, construction of staff quarters for Maharashtra Road Transport Corporation employees. Declaration under Section 6 was published on 29-7-1971. The award also was made on 15-9-1971. It would appear that Respondents 1-3 had purchased three plots of land from Usmanshahi Mills which was under liquidation through the Official Liquidator on 17-6-1968. But the mutation of their names in the revenue records was not effected. In consequence, notices could not be issued. They, in turn, sold these plots to the fourth respondent in 1973. A writ petition was filed on 19-12-1947 challenging the validity of the notification and also the award. The High Court set aside the notification on the ground that notices as required under law have not been served on Respondents 1-3.

2. It is seen that Section 4(1) does not requires the service of the personal notice nor the one under Section 6 d


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