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2009 Supreme(SC) 1463

MARKANDEY KATJU, ASOK KUMAR GANGULY
Vijay Narayan Thatte – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
G.E. Vahanvati, Attorney General for India, Harish N. Salve, Shyam Divan, Shekhar Naphade, D.A. Dave, Sr. Advs., Ms. shyel Trehan, Ms. Divya Kapur, Ms. Paromita Mukherjee, Hitesh Jain, Vikas Mehta, Rahul Joshi, Brij Kishor Sah, Lenin H. Hijam, M.P.Parthiban, Shivaji M. Jadhav, Sanjay V. Kharde, Ms. Asha G. Nair, Mohit D. Ram, Ms. Meenakshi Arora, Advocates.

ORDER

1. Heard Shri Harish Salve and Shri Shyam Divan, learned senior counsel for the appellants and learned Attorney General of India and Shri Shekhar Naphade, learned learned senior counsel for the respondents.

2. Leave granted.

3. This appeal has been filed against the impugned judgment and order dated 21.01.2008 passed by a Division Bench of the High Court of Bombay whereby the writ petition filed by the appellants herein has been rejected.

4. The facts in brief are that a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter for short ‘the Act’) was issued in respect of the land in question on 29.8.2002. Thereafter a Notification under Section 6 of the Act was issued on 18.6.2003. The said Notification under Section 6 was challenged and the writ petition filed by the appellants was allowed on 20.1.2004 and the Notification under Section 6 of the Act dated 18.06.2003 was quashed. Subsequently a second Notification under Section 6 dated 30.10.2006 was issued by the State Government.

5. The short question that arises for consideration is whether the Notification under Section 6 dated 30.10.2006 is valid. In our opinion, the said Notification was clearly ba












































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