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1977 Supreme(Bom) 164

TULZAPURKAR, SAWANT
Mangilal Jawanmal – Appellant
Versus
Spl. Land Acquisition Officer (I), Thana – Respondent


Advocates:
V.B. Rege with G.L. Rege (In Spl. C.A.No. 1769 of 1976), A.A. Rizvi (In C.R.A. No. 736 of 1975) and S.V. Pal Suledesai (In C.R.A. No. 783 of 1975), for Petitioners; A.C. Agarwal, Asst. Govt. Pleader (In Spl. C.A. No. 1769 of 1976), M.R. Kotwal, Asst. Govt. Pleader (for No. 1), V.P. Tipnis (for No. 3) in C.R.A. No. 736 of 1975 and M.R. Kotwal, Asst. Govt. Pleader (In C.R.A. No. 783 of 1975), for Opponents.

Judgement

TULZAPURKAR, J. :- Since common questions arise for decision in these three matters, they have been placed before us together and we shall dispose them of by a common judgment. However, it will be sufficient if the facts pertaining to one of the petitions viz. in Special Civil Application No. 1769 of 1976 we stated.

2. The petitioners in Special Civil Application No. 1769 of 1976 were the owners of a plot of open land bearing City Survey No. 5 (original Survey No. 26A. Hissa No. 7 part) admeasuring 1093 2/3 sq. yards situate at Nawapada, Thana. An area admeasuring about 907 sq. yards out of the petitioners' aforesaid plot of land was acquired by the State Government for the purposes of Naupada Police Station under the provisions of the Land Acquisition Act No. 1 of 1894 (hereinafter referred to as the Act), leaving an area of 186 2/3 sq. yards (132 sq. yards on the southern side and 54 2/3 sq. yards on the northern side) with the petitioners. In respect of this area of 907 sq. yards the relevant notification aider Section 4 of the Act was issued on 20-3-1971 which was followed by Section 6 notification on 30-4-1972. It appears that in the meantime, possession of that area
























































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