D.G.PALEKAR, S.P.KOTVAL
Kamalabai Harjivandas Pareka – Appellant
Versus
T. B. Desaid and Anr. – Respondent
Kotval, J.
(1) The petitioner claims to be the owner of a piece of land and measuring 2 Gunthas 5 annas, out of S. No. 29A at Juhu. The land originally belonged to her husband, and after his death she claim to have succeeded to it be virtue of a will. The respondents have not admitted her title but the questions is hardly material of the points raised in the present petition.
(2) On 2nd May 1942, this piece of land was requisitioned for a purposes of the Union under R. 75A (1) of the then existing Defense of India Rules. The notifications (Ex.1) stated that it was required for military purposes, and it has down now been explained that it was required by for the constructions of a road leadings to the military aerodrome at juhu during the to period of the emergency occasioned by the last war. The owner of the plot was receiving the usual compensation for requisitioning until 29-12-1952, when a notifications was issued under S. 7 of the Requisitioning and Acquistion of Immovable property Act 1952, (XXX of 1952). That Act had been enacted by the parliament on the 14th March 1952, and by virtue of S. 24 thereof, it replaced several enactment under which were passed after the ope
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