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2018 Supreme(Bom) 1276

A.A.SAYED, S.C.GUPTE
Felton Fernandes – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: Mr. Zal Andhyarujina, a/w. Mr. Karan Bhide and Mr. Rachit Thakar, i/b. M/s. Rustamji & Ginwala.
For the Respondents:Ms. S.I. Shah, i/b. S.I. Shah & Co., Ms. Kavita Anchan, i/b. M.V. Kini & Co., Mr. S.U. Kamdar, Senior Advocate, a/w. Mr. Farid Karachiwala, Ms. Harsheen Madan and Mr. Sneh Mehta, i/b. Wadia Ghandy & Co., Smt. Jyoti Chavan, AGP.

JUDGMENT :

1. This petition, filed by the original land owners of the subject land, seeks quashing of an acquisition notification issued by the State under the Requisitioning and Acquisition of Immovable Property Act, 1952 (“Act”). The acquisition is of the year 1953 and is challenged in the year 2015.

2. The short facts of the case relevant for our purposes may be stated as follows :-

The properties situated at Villages Marol and Sahar, Taluka Andheri, District Mumbai, which are described in the writ petition as ancestral properties of the Petitioners (“subject lands”), were initially requisitioned by the Union of India and subsequently acquired for the purposes of Chhatrapati Shivaji International Airport (formerly known as Sahar International Airport), which is the only international airport operating in Mumbai. After following the provisions of the Act, the subject lands, which were originally requisitioned under Section 3 and taken possession of under Section 4 of the Act, were acquired by the Central Government for the public purpose of airport. The acquisition was by publishing a notice that the Central Government had decided to acquire the property in pursuance of Section 7 of









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