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1980 Supreme(Bom) 78

MODY, DESHPANDE
Roosi K. Modi – Appellant
Versus
Union of India – Respondent


Advocates:
S.H. Kapadia, for M/s. Gagrat and Co. for Petitioners; C.J. Sawant, Addl. Govt. Pleader with D.P. Hegde, Asstt. Govt. Pleader, for Respondent Nos.2 and 3.

Judgement

DESHPANDE, J. :- The petitioners in this writ petition under Arts.226 and 227 of the Constitution, challenge the validity of the award dated 23-11-1979 made by the Land Acquisition Officer under S.11 of the! Land Acquisition Act, hereinafter referred to as "the L.A. Act". The award fixes the compensation for an area measuring 5,967.12 sq. meters out of C.S. No.42 known as "Ashley House" situated at Bund Garden and Sassoon Road, Pune-1. The petitioners have become the owners of this property under a Settlement Deed dated 7-7-1960 and a Transfer Deed dated 26-3-1974. A notification under S.4 of the L.A. Act was issued by the Commissioner on 1-9-1962 indicating Government's proposal to acquire the entire land measuring in all 47,396 sq metres for the public purpose of the construction of the residential quarters for the employees in the Income-tax and Excise Department of the Central Government and office building for the Excise Department The proposal was then finalised and a notification under S.6 was issued on 14-5-1963 after disposal of the objections of the interested person. The trustees of the property instituted a suit being Suit No.27 of 1966 during petitioners minor



























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