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1979 Supreme(Bom) 237

S.C.PRATAP, SHARAD MANOHAR
Yeshonathu Mahajan and another – Appellant
Versus
Stateof maharashtra and others – Respondent


JUDGMENT - PRATAP S.C., J.: - By this petition under Articles 226 and 227 of the Constitution, the petitioners challenge the validity of notifications issued under section 4 and section 6 of the Land Acquisition Act in July 1975 and October 1975 respectively and the proposed acquisition of 1 hectare and 72 ares of land out of Gat No. 613, situated at village Vaghode Budruk, taluka Raver, District Jalgaon, for a public purpose viz., provision of house sites ,for landless workers and their families and for extension of gaothan.

2. On 26th July 1971, the Grampanchayat of village Vaghode Budruk passed an unanimous resolution recommending acquisition of survey Nos. 133 and 134 for the purpose of providing house sites to house less persons. By another resolution dated 28th July 1972, also passed unanimously, the said Grampanchayat recommended acquisition(for the same purpose) of two additional lands survey Nos. 129/2/5 and 129/1/2/2. However, the State Government on 25th July 1975 issued notification under section 4 of the Land Acquisition Act, declaring that an altogether different property viz., part of petitioners land Gat No. 613 was needed or was likely to be needed for the said purp





















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