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1983 Supreme(Bom) 217

S.P.BHARUCHA
Atmaram Marya Bhoir – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
D. H. Mehta with Mahesh Jani and Miss B.J. Shah, for Petitioner; R. P. Vyas, N.U. Matai with F. N. P. D'Mello, for Respondents.

ORDER:- The petitioners except petitioners Nos. 11, 12 and 18, are the owners of Lands situated at Mulund, Bombay. By notification dt. 5th Aug. 1965 issued her S.4 of the Land Acquisitionn Act the lanai were notice for acquisition. The lands had been agreed to be sold inter alia to the 11th petitioners, a co-operative housing society. Representations were made on behalf of the owners and the co-operative society for release of the land it had agreed to purchase froth acquisition. On 29th May, 1980 the Deputy Secretary to the State of Maharashtra, the 1st respondent, informed the chief promoter of the co-operative society that the Government had decided to release from acquisition the land in favour of the co-operative society and further action was being taken by the Commissioner. The latter requested submission by the owners of an undertaking in writing stating that they would claim no damages on account of withdrawal of the land from acquisition. This undertaking was furnished. On 26th June, 1980 the Deputy Secretary wrote to the chief promoter of the co-operative society informing him of an error in mentioning the area of the land released from acquisition; he asked that the Gov









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