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2006 Supreme(Bom) 545

R.VYAS KSHITIJ, D.Y.CHANDRACHUD
Framroze Navroji Darukhanawala – Appellant
Versus
Union of India – Respondent


P.C.: - Rule. Mr. Debey for respondent No. 1 waives service. By consent of the learned Counsel taken up for hearing and final disposal.

2. The petitioner has prayed for appropriate writ, order or direction, directing the respondents to cancel and/or withdraw the impugned notice dated 7th June, 2002, Exhibit P and other consequential reliefs. It is stated that the earlier notice dated 13th March, 1972 was challenged by filing Special Civil Application No. 2168 of 1972 in this Court wherein also the petitioner challenged the action of the Government of India seeking to resume the land in Survey No. 753 (Bungalow No. 11, Right Flank Wonwori Line) Poona Cantonment on the ground that the said land belonged to the President of India.

It appears that the Union of India issued a fresh notice on the ground that the said land belongs to the President of India and that the petitioner held the same on "Old Grant Terms" under which the Government was entitled to resume the same. The said petition was disposed of on 8th February, 1979 by a Division Bench of this Court following the judgment rendered by this Court in (Special Civil Application No. 1286 of 1972 decided on 5th February 1979) 1, which




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