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2012 Supreme(Bom) 988

D.D.SINHA, V.K.TAHILRAMANI
Shri Shaikh Mohammad Murghay Adult – Appellant
Versus
State of Maharashtra through its Chief Secretary – Respondent


Advocates appeared:
For the Petitioners:Dr. V.V. Tulzapurkar, Y.S. Jahagirdar, Senior Advocates, V.A. Gangal & A.T. Gade, Advocates.
For the Respondents:R1 to R5, V.S. Gokhale -Assistant Government Pleader, R6, G.S. Hegde i/b. Hegde & Associates, Advocates.

Judgment :-

D.D. Sinha, J.

1. Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the State – respondent nos.1 to 5 and the learned counsel for CIDCO – respondent no. 6.

2. The petitioners are challenging the order dated 5.12.2005 passed by the respondent no. 2 – Secretary, Relief and Rehabilitation, Government of Maharashtra under Section 33 of the Displaced Persons Compensation and Rehabilitation Act, 1954 (for short “Act of 1954”).

3. The facts which has given rise for filing of this petition in nutshell and as stated by the learned counsel for the petitioners are as follows:

(I) By a Notification dated 17.8.1950 issued under Section 7 of the Administration of Evacuee Property Act, certain properties were notified as Evacuee properties which included, interalia, a property bearing Survey No. 487 of Village Panvel. The area shown in the Notification is 2 acres and 10 and ¾ gunthas which according to the petitioners was a mistake, since as per the revenue records the total area of Survey No. 487 was 11 acres & 13 gunthas. The said land vested in the Central Government.

(II) By a Notification dated 8.8.1956, an area admeasuring 2 acres and 1











































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