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1994 Supreme(Bom) 411

M.L.DUDHAT, B.P.SARAF
Sitaram Shivchandrai Garodia and another – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - M.L. DUDHAT, J.:---The petitioners have filed this writ petition for setting aside the acquisition of the land forming part of Survey No. 249 of village Ghatkopar, Taluka Kurla, Bombay Suburban District (hereinafter referred to as "the said land"). The petitioners on 5-12-1966 submitted a proposed lay out of a plot of land bearing Survey No. 249, Hissa No. 1 (part) admeasuring about 30,000 sq.yds. to the Municipal Corporation of Greater Bombay, respondent No. 5 herein. On 17-3-1967 respondent No. 5 approved the proposed lay out as per the conditions stated in the letter dated 17-3-1967. However, the petitioners received a communication from respondent No. 5 (Municipal Corporation) on 31-5-1967 stating in it that the land in respect of which proposed lay out was approved is affected by the arterial siding proposed by the Central Railway. The petitioners thereafter on 16th June, 1967 addressed letter to respondent No. 5 (Municipal Corporation) to the effect that the sanction of the proposals for the lay out of the building cannot be withheld on account of railway siding as there were no legal proceedings to that effect. In spite of the aforesaid letter and other letters ad




















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