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2004 Supreme(Bom) 1010

F.I.REBELLO, S.R.SATHE
Ranjan Manubhai Doctor & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - REBELLO F.I., J.: - The petitioners have filed the percent petition as trustees of Seth Bhaidas Sakhidas Charity Trust. It is the case of the petitioners that they are the owners of the Property bearing C.T.S. No. 2300 and 2304 of the Bhuleshwar Division and as such are the holders of 3042 sq. meters in C.S. No. 2300 of the Bhuleshwar Division and 134.62 sq. meters in C.S. No. 2304 of the Bhuleshwar Division. By notification dated 3rd January, 1967 the petitioners properties were notified as reserved for public purpose for recreation ground except for a small strip facing the then named Thakurdwar Road. The development plan for Greater Bombay had been accepted under the Maharashtra Regional and Town Planning Act, 1966, hereinafter referred to as the M.R.T.P. Act. It is averred that a legal notice dated 28th March, 1989 was addressed by their Advocate and served on the Bombay Municipal Corporation and Municipal Commissioner under section 127 of the M.R.T.P. Act for acquisition of the aforesaid properties. In response to that on behalf of the respondent Nos. 2 and 3 a letter was addressed to the petitioner's Advocate that with the purchase notice documents set out therein



















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