UJJAL BHUYAN, MADHAV J.JAMDAR
H. I. M. S. Botawala Charities – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Ujjal Bhuyan, J.
Heard Mr. Jagtiani, learned senior counsel for the petitioners;
Mr. Takke, learned AGP for respondent Nos.1, 2 and 7-State; and Mr. Lad, learned counsel for respondent Nos.3 to 6-MHADA.
2. By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of order dated 21.12.2006 issued by the Special Land Acquisition Officer, Maharashtra Housing and Area Development Authority, Mumbai i.e., respondent No.6 and further seeks a direction to the respondents for release of the entire property of the petitioners from acquisition.
3. Be it stated that vide order dated 21.12.2006, respondent No.6 in exercise of powers conferred by sub-section (5) of section 93 of the Maharashtra Housing and Area Development Act, 1976 (briefly “the MHADA Act” hereinafter) sanctioned the acquisition proposal forwarded by the Mumbai Building Repairs and Reconstruction Board for compulsory acquisition of the land described in the schedule thereto.
4. Before adverting to the impugnment, it would be apposite to briefly set out the relevant facts as pleaded as well as the orders passed by this Court from time to time in the present writ proceeding.
4.1. Petiti
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