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1984 Supreme(Bom) 110

M.N.CHANDURKAR, R.A.JAHAGIRDAR, V.S.KOTWAL
Ganpat Balwant Pawar & others – Appellant
Versus
Special Land Acquisition Officer No. 7, Krishna Dhom Project, Wal, Dist. Satara & others – Respondent


JUDGMENT - R.A. JAHAGIRDAR, J.:---This is a petition under Articles 226 and 227 of the Constitution of India challenging the acquisition of lands belonging to the petitioners under the provisions of the Land Acquisition Act, 1894. A notification under section 4 of the Land Acquisition Act was issued on 2nd of August, 1978 under which 81 Acres of Gat No. 866 belonging to the petitioners and situated at village Udatare in Wai Taluka of Satara District were intended to be acquired for a public purpose. The stated public purpose is the resettlement of project affected persons due to the Krishna Dhom Project. The total holdings of the petitioners as mentioned by them is 10 acres and 14 ½ gunthas equivalent to 4 hectares and 14 acres. Eightyone acres are being acquired from one of the lands belonging to the petitioners, probably by applying what is now known as the slab system under a Government Resolution dated 31st October, 1969, to which we will make a reference shortly.

2. The acquisition is challenged on two grounds. In the first place, it has been mentioned that the acquisition which is being made from the petitioners' land under the Land Acquisition Act for the public purpose of re















































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