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2006 Supreme(Bom) 512

F.I.REBELLO, D.Y.CHANDRACHUD
SUKUMAR M. KHOT – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT I

DR. D. Y. CHANDRACHUD, J.: - A declaration under section 6 of the Land Acquisition Act, 1894, published in the Gazette on 23rd June, 2005 is challenged in these proceedings under Article 226 of the Constitution. The acquisition is for the benefit of Sadashivrao Mandalik Kagal Taluka Sahakari Sakhar Karkhana Ltd., a Co - operative Society registered under the Maharashtra Co - operative Societies Act, 1960, the fourth respondent to these proceedings. The principal ground of challenge which was urged at the hearing is founded on the provisions of section 5A, the challenge being that the Collector has neither prepared a report, nor submitted his recommendations as required by the mandate of the statute. After the records of the acquisition proceedings were produced before us by the Advocate General, we found that in the enquiry under section 5A, the fourth respondent for whom the land is being acquired, submitted a chart containing its responses to the objections filed by the petitioners. The principal objection that is emphasised is that the Co - operative Sugar Factory already has substantial land in its possession upon which a factory building and ancillary facil












































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