Per Pendse, J-This petition and 13 other petitions filed under Article 226 of the Constitution of India raise the question of constitutional validity of section 44 of the Maharashtra Housing and Area Development Act, 1976, being Maharashtra Act No. XXVIII of 1977 (hereinafter referred to as 'the Act'), which provides the basis for determination of amount for acquisition of lands in Municipal areas. The petitioners in all these petitions are owners of lands, either agricultural or non-agricultural, situated within the Municipal areas. It is not necessary to refer to the facts of each of the petition and it would suffice if the facts in the main petition are stated to appreciate the questions urged by the rival sides.

2. The land involved in this Writ Petition bears Survey No. 28 and admeasures 398.60 Hectares and is situated at village Bhushi in Maval Taluka of Pune District. Mohanlal Fakirchand was the owner of this land having purchased it under sale-deed dated January 18, 1966. Mohanlal Fakirchand died on May 18, 1976, leaving behind petitioner No. 1 his widow, and petitioners Nos. 2 to 5-his children. On August 1, 1978, respondent No. 2-Maharashtra Housing & Area Development Auth

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