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2017 Supreme(Bom) 587

B.VARALE, Z.A.HAQ
Suretech Hospital & Research Centre Limited – Appellant
Versus
Maharashtra Air Port Development Company Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Shri A.M. Gordey, Shri C.V. Kale
For the Respondents: Shri M.G. Bhangde, Shri S. Tapdia, Shri A.V. Palshikar

JUDGMENT :

1. Heard learned advocates for the respective parties.

2. These two petitions are disposed of by common judgment as in these two petitions same notifications issued/published under the Land Acquisition Act, 1894 in respect of the properties of the respective petitioners, are challenged.

3. The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act of 1894”) was issued by the Commissioner, Nagpur Division, Nagpur on 19th April, 2007 notifying that the land admeasuring 59.50 hectares out of the lands shown in Schedule to the notification was likely to be required for public purpose. Notice under Section 4(1) of the Act of 1894 was sent to the petitioners in the two petitions (landowners) on 30th May, 2007. The notification stated that the lands were urgently required and therefore, the inquiry as per Section 5A of the Act of 1894 was dispensed with. On 22nd November, 2007 notification under Section 6 of the Act of 1894 was published in the official gazette. On 18th December, 2007 notice under Section 9 of the Act of 1894 was given to the petitioners in both these petitions. As per this notice under Section 9 of the Act of 1894 t

































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