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2005 Supreme(Bom) 1278

V.M.KANADE, R.M.S.KHANDEPARKAR
DEVRAM GOVIND GADGE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

V. M. KANADE, J.

( 1 ) THE petitioners by this petition are challenging the acquisition proceedings initiated by the Special Land Acquisition Officer in respect of land admeasuring 1 hectare and 62 Ares from Gat No. 1344 in partition from village Nimgaon Sava, Taluka-Junnar, District-Pune.

( 2 ) BRIEF facts relevant for the purpose of this petition are as under; the petitioners case is that their land admeasuring 1 hectare 75 Ares was acquired in the year 1982 from Gat No. 710 and at the relevant time this land stood in the name of the joint family of the petitioners and that there was partition between the petitioners on 16-8-1986 and pursuant to the said partition, application was made to the revenue authority namely the Tahsildar, Junnar for giving permission for partition of the land. It is the case of the petitioners that tahsildar, Junnar passed an order dated 6-8-1986 and divided the land amongst the petitioners by metes and bounds and permission under section 85 of the maharashtra Land Revenue Code was granted and thus, sanction for partition was given by the Tahsildar under the settlement provision.

( 3 ) THEREAFTER notice under section 4 (1) of the Land Acquisitio



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