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2014 Supreme(Bom) 992

S.V.GANGAPURWALA, N.W.SAMBRE
Sakharbai Haribhau Shelke, Since deceased through her L. Rs. – Appellant
Versus
Sub Divisional Officer – Respondent


Advocates appeared:
For the Petitioners:S.D. Kulkarni, Advocate.
For the Respondents:S.G. Sangle, A.G.P., R4, R.N. Dhorde, Senior Advocate i/by V.R. Dhorde, Advocates.

Judgment :

S.V. Gangapurwala, J.

1. The petitioner vide the present writ petition assails the notification issued U/Sec. 4 and the declaration U/Sec. 6 of the Land Acquisition Act 1894 (hereinafter referred as to the "Act of 1894" for the sake of brevity) in respect of the property bearing Sy. No. 148/1 admeasuring 4H 59R.50 square meter situated at Shirdi, Tq. Rahata, Dist. Ahmednagar.

2. The land of the petitioner admeasuring 4H 59R . 50 square meter in land Sy. No. 148/1 is sought to be acquired for Shirdi Sansthan for construction of the Dharmashala. The notification U/Sec. 4 of the Act of 1894 is published in the news paper on 27.09.2000. The petitioner raised her objection to the said acquisition U/Sec. 5A of the Act of 1894. The said objection is rejected. Thereafter, declaration U/Sec. 6 of the Act of 1894 is published on 21.09.2001. This Court vide order dated 29.04.2002 admitted the petition and directed the parties to maintain status quo until further orders.

3. Mr. S. D. Kulkarni, the learned counsel for the petitioner with all humility at his command put forth the following propositions:

(a) The acquisition of the land for Shirdi Saibaba Sansthan which is a public tru


































































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