JUDGMENT - Kotval, C.J.

1. This is an appeal by the third respondent to a Miscellaneous Petition in which were challenged certain proceedings for the acquisition of land.

2. The three petitioners who are brothers were the owners of survey Nos. 6/3, 8/1, 9/1 and 9/2 at village Majas Mogra, Jogeshwari, Bombay admeasuring 2 acres. The Himalayan Tile and Marble (Private) Ltd., the Respondent No. 3 in the Petition are the appellant before us, They carried on the business of manufacture and sale of artificial marbles and tiles. They have a factory on the land adjoining the land of the original petitioners. Some time in 1957 or 1958 at the instance of the third respondents and for their purposes the law was set in motion for the acquisition of the petitioners lands. On 7th of January 1953 a notification under Section 4 of the Land Acquisition Act was issued and a separate notice thereafter was also issued by the Land Acquisition Officer, to the 1st and the 2nd petitioners. It was alleged on behalf of the petitioners that no notice was served upon the 3rd petitioner. On the 31st of December 1959, the Land Acquisition Officer, similarly issued a notification purporting to be under Section 6 o

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