JUDGMENT

Bharati Dangre, J. - The Suit property is plot no.33 admesuring 100 sq.m in the industrial area at mauje, ambad, Nashik. The above property being owned by Kisan Dada Datir, came to be acquired by the Government in the year 1975. Kisan Dada Datir had two sons, the elder being Baburao, and younger one being Ramdas, who died on 25/10//2011.

2 On the acquisition of the suit land, the MIDC took a policy decision to allot plots to the project affected persons, at the prevalent rate and it issued a circular on 30/6/1993 and laid down the terms and conditions before allotting an alternative plot to the Karta of the family, the wife, son and unmarried daughter. Only one member of the family was entitled for allotment of the industrial plot with condition that, before the allotment, the person should procure a 'No objection' from other legal heirs/members of the family.

The elder son Babaurao moved an application on 13/12/1996 to MIDC for allotment of a plot, but no action was taken. again, on 20/5/2008, a similar application was moved but it was turned down on the ground of non-availability of the plot.

Instead, a plot came to be allotted in favour of Ramdas Kisan Datir, the younger br