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1994 Supreme(Bom) 584

D.R.DHANUKA, VISHNU SAHAI
Santu Kisan Khandwe & others – Appellant
Versus
Special Land Acquisition Officer No. 2, Nashik & others – Respondent


JUDGMENT - DHANUKA D.R., J.:—By this petition filed under Article 226 of Constitution of India, the petitioners have impugned acquisition proceedings commenced by the appropriate authority in respect of the land bearing Gat No. 808/2 in Nasik City commenced under section 126 of Maharashtra Regional and Town Planning Act, 1966 culminating in impugned Award dated 23rd September, 1989 made under section 11 of Land Acquisition Act No. 1 of 1984.

2. The petitioners claim to be the owners of the land bearing Gat No. 808/2 situate in Nasik City. The land under acquisition consists of land bearing 85 acres i.e. about 8500 sq.mtrs. forming part of the land bearing Gat No. 808/2.

3. On 29th November, 1980, the development plan in respect of Nasik City came into force after the same was duly sanctioned by the State Government. In the said development plan, the petition land, was reserved for public purposes namely stables and 100 ft. wide road.

4. At the instance of Nasik Municipal Corporation, proceedings for acquisition of the petition land were commenced. On 14th July, 1987, a notification was issued by the Commissioner, Nasik Division, bearing Notification No. 2030/87 as contemplated under














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