V.GOPALA GOWDA, AMITAVA ROY
Narayanrao Jagobaji Gowande Public Trust – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Delay condoned. Leave granted.
2. These appeals are directed against the common impugned judgment and order dated 29.8.2008 passed by the Division Bench of High Court of Judicature at Bombay, Nagpur Bench, Nagpur in various Writ Petitions including Writ Petition No.1034 of 1995, wherein the High Court has dismissed all the writ petitions.
3. As all the appeals raise the same question of law, for the sake of convenience and brevity, we would refer to the facts from the appeal arising out of SLP (C) No. 25972 of 2009. Brief facts are stated hereunder to appreciate the rival legal contentions urged on behalf of both the parties:
On 01.01.1937, the Nagpur Improvement Trust Act, 1936 (hereinafter referred to as the “NIT Act”) came into force under which the Nagpur Improvement Trust (hereinafter referred as “NIT”) was established and incorporated to provide for improvement and expansion of Nagpur Town.
4. The State of Maharashtra vide notification dated 29.06.1939 sanctioned a Civil Station Expansion Scheme of 1939 of the NIT.
5. On 28.02.1942, one Smt. Laxmibai Gawande, wife of Narayanrao Gawande purchased a piece of land, measuring 3.59 acres, comprised in Khasra no. 65, Mouza Ajn
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