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1997 Supreme(Bom) 38

UPASANI PRATIBHA, B.P.SARAF
Abbas Abdul Mhaiter and another – Appellant
Versus
Director, Resettlement and others – Respondent


JUDGMENT - Dr. (Mrs.) P.D. UPASANI, J. :---By this petition, the petitioners are challenging acquisition proceedings of their land bearing Survey No. 120/2(p), admeasuring 75 acres in village Ashta, District Sangli.

2.It is submitted by the petitioners that their father, one Abdul Mhaiter, who was the owner of the above referred land, died on 9th October, 1970, leaving behind him three sons as his heirs, and that, thereafter, the entire land was divided into three shares. It is contended that each co-owner is cultivating his land which came to his share, and that, the total holding of the petitioners is below the ceiling of 8 acres.

3.It is also the grievance of the petitioners that though their father had already expired, the petitioners who were the sons of the said deceased Abdul Mhaiter, were never served with any notice and therefore, they could not file any objections under section 5-A to any of the Notification issued by the respondents under section 4 and under section 6 of the Land Acquisition Act, 1894. It is submitted by them that they learnt about the acquisition proceedings, only when notice dated 13th June, 1989 was issued by respondent No. 4 (Special Land Acquisition





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