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1989 Supreme(Bom) 243

S.M.DAUD
Indira Bhalchandra Gokhale (Mrs. ) (since deceased by her Executors) & others – Appellant
Versus
Union of India, Secretariat, New Delhi & another – Respondent


JUDGMENT - S.M. DAUD, J.:---This appeal assails the dismissal of a suit wherein the deceased plaintiff had claimed a declaration, possession and incidental reliefs in respect of plot bearing No. 19-A described with sufficient precision in para 1 of the plaint.

2. The land in suit was purchased by the plaintiff from the Central Mutual Life Insurance Co. under a registered sale deed dated 16th April 1954. At the time the land was acquired it was laying vacant. The Defence of India Act, 1962 was enacted to provide for special measures to ensure the public safety and interest, the defence of India and civil, defence etc. It received the assent of etc. the President on 12-12-1962. Purporting to act under section 29(1) of the said Act, the Collector of Pune requisitioned lands located at Yerawada, Pune including the suit, land. In the order of requisition which is at Ex. 56 the interested person vis a vis the suit land was given out to be the Life Insurance Corporation of India. After the issue of the order of requisition the Collector of Pune passed an order for acquisition purported to be made under section 36 of the aforementioned Act. This order was of 31-3-1964 and is at Ex. 57. In












































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