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1975 Supreme(Bom) 143

DHARMADHIKARI, LALIT
Mukhtvarbegum – Appellant
Versus
Commissioner, Nagpur Division, Nagpur – Respondent


Advocates:
J.N. Chandurkar, for Petitioner; M.G. Raikarne, Asst. Govt. Pleader, for Respondents.

Judgement

LALIT, J.:- The petitioner in this petition has challenged the notification dated September 18, 1968 under Section 4 of the Land Acquisition Act. The petitioner owns land bearing S.No. 13 situate at village Kondari. The two villages mouza Kondari and mouza Kondri Mijra Wakan adjoin each other. The present Gaothan for the two villages has a total area of 13 acres 22 gunthas. Village Kondari has a Gaothan of 7 acres 17 gunthas and in village Mouza Kondri Mira the Gaothhan extends over an area of 6 acres 5 gunthas. The notification under Section 4 of the Act proposed an acquisition from S.No. 13 belonging to the petitioner to the extent of an area of 3 acres and 11 gunthas. The purpose of acquisition of the said land was for extension of gaothan of village Kondari. A resolution was made by the Gram Panchayat of village Kondari and Village Kondri Majira Wakan whereby it was resolved that on account of floods in the year 1961, some houses in the village were inundated and, therefore, it was necessary to acquire an area of 5 acres from 'E' class land. In pursuance of this resolution, the aforesaid notification under Section 4 was issued. The petitioner was given a notice of this











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