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1983 Supreme(Bom) 4

S.P.BHARUCHA
Majas Land Development Corporation – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
D.R. Dhanuka with M.B. Rele, for Petitioners; S.S. Parkar, for respondents.

ORDER :- The facts of this petition disclose a scant regard for the citizen's property.

2. On 15th Jan. 1969 a notification was issued under S.4 of the Land Acquisition Act stating that 95,957 sq. yds. of land near Jogeshwari, of the petitioners' ownership, was likely to be needed for a public purpose, namely, for the use by the Maharashtra Housing and Area Development Authority, the 4th respondent. On 13th Jan. 1972 the land was acquired, a notification under S.6 being issued. In Aug. and Oct. 1974 notices were issued under S.9 (3) and (4) of the Act. Hearings commenced in Mar. 1975 and, according to the affidavit of the respondents, the last date of hearing was 6th May 1977. On 12th Nov. 1979 the petitioners filed this petition asking that the State of Maharashtra, the 1st respondent, should be directed to forbear from applying the provisions of the Urban Land Ceiling Act to the land and to forthwith publish an award determining the compensation payable to the petitioners for the land.

3. On 18th December 1979, an affidavit was filed on behalf of the respondents to oppose admission wherein it was stated that "...respondent No 4 has not finally communicated their firm decision to ta







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