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2015 Supreme(Bom) 1930

A.S.OKA, V.L.ACHLIYA
Pimpri Chinchwad new Town Development Authority – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Shri Vijay D. Patil for the Petitioner
Mrs. M.P. Thakur, AGP for the Respondent Nos.1 to 4
Shri A.V. Anturkar, Shri Siddhartha R. Ronghe for the Respondent No.5
Shri Madhav J. Jamdar for the Applicants
Shri Babu M.B. i/b Shri Ganesh Sitaram Bhat for the Applicants

Judgment

A.S. Oka, J.

FACTUAL MATRIX

Writ Petition No.9525 of 2004

In Writ Petition No.9525 of 2004, the challenge is to the order dated 21st September 2004 passed by the Second Respondent who was the then Hon'ble Minister of State of the Revenue Department of the State Government. The subject matter of the said Writ Petition is the land bearing Survey No.17/6, 25 and 31 (Part) at Village Rahatani, Taluka Haveli, District Pune (for short “the said land”). By the impugned order passed in exercise of the powers under Sub-Section (1) of Section 48 of the Land Acquisition Act, 1894 (for short “the Land Acquisition Act”), the Second Respondent directed release of the said land from the acquisition. The acquisition was for the benefit of the Petitioner.

2. The Petitioner is a New Town Development Authority constituted under Sub-Section (2) of Section 113 of the Maharashtra Regional and Town Planning Act, 1966 (for short “the MRTP Act”).

3. In the year 1962, the State Government decided to develop an industrial area in the limits of the erstwhile Pimpri Chinchwad Municipal Council. For that purpose, large agricultural lands were acquired. After development of the industrial area, it was decided





























































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