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2005 Supreme(Bom) 1170

B.R.GAVAI, P.S.BRAHME
Ghanshyam Ramcharan Amghe – Appellant
Versus
State of Maharashtra – Respondent


B. R. GAVAI, J.: - By way of present petition, declaration is sought that Respondent Nos.2 to 4 are not entitled to take possession of an area admeasuring 1.07 acres out of Khasra Nos.24/1 and 36/2 as the lands were allowed to be retained by the petitioners under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the U.L.C. Act"). An order of permanent injunction is also sought thereby prohibiting the respondents from interfering with the possession and proprietary rights of the petitioners in the aforesaid lands.

2. The petitioners claim to be owners of certain lands in Khasra Nos.24/1 and 36/2 of Mouza Wanjari, Tq. and Distt. - Nagpur. In respect of the said lands along with other lands in the area, a notification came to be issued on 5th September, 1963 by the respondent No.2 - Nagpur Improvement Trust u/s.39 of the N.I.T. Act, which is analogous to section 4 of the Land Acquisition Act, for acquisition of the said lands for the Housing Scheme known as "Wanjari Housing Accommodation Scheme". Thereafter, a notification u/s.45 of the N.I.T., which is analogous to Section 6 of the Land Acquisition Act, came to be issued on 4 -






























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