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2009 Supreme(SC) 135

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Yunus (Baboobhai) A Hamid Padvekar – Appellant
Versus
State of Maharashtra, Through its Secretary – Respondent


Judgment:

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court dismissing the Writ Petition filed by the appellant on the ground that it was highly belated. It also noted that the appellant had received compensation in respect of the land which was acquired.

3. Background facts in a nutshell are as follows:

In the year 1971 Maharashtra Industrial Development Corporation (in short ‘MIDC) acquired about 1250 acres of agricultural land situated at four villages in Ratnagiri district of Maharashtra. Thirty eight acres of land belonging to the appellant were acquired. It is the stand of the appellant that out of the acquired area, about 50% was under paddy cultivation and 25% was under cultivation of mango crops. In the appellants land about 175 mango trees were there. In the year 1973, the Revenue and Forest Department of the Maharashtra Government passed a resolution inter-alia deciding to take steps in respect of surplus acquired land which remained unutilized for a period of three years from the date of taking over possession for resumption of such lands in accordance with the applicable rules and ord










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