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1970 Supreme(Bom) 148

N.A.MODY, M.A.KHAN
Ajitsingh – Appellant
Versus
The State of Maharashtra – Respondent


JUDGMENT - 1. This is a petition praying for a writ under Article 226 of the Constitution of India quashing certain notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The State of Maharashtra the Commissioner, Nagpur Division, the Collector, Chanda and the Special Land Acquisition Officer, Chanda are the respondents.

2. The petitioner by a purchase deed purchased a land khasra no. 198/1 of Ballarpur, taluka and district Chanda ad measuring 2.45 acres from one Sadashiv Krishnaji Khanke. The deed is dated 29th January 1966 and it was registered on the same day. On the same day, the petitioner gave intimation of the purchase to the Patwari of Ballapur to effect mutation entries. It is stated in the petition and not denied in the counter - affidavit that such a mutation entry was made towards the end of 1967, the exact date is not mentioned, but we are informed across the Bar was 16th November 1967.

3.A notification under Section 4 of the Act was published in the Maharashtra Government Gazette dated 1 - 2- 1968 for acquisition for the public purposes mentioned in the notification. Amongst the lands sought to be acquired by


























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