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2023 Supreme(Bom) 125

R. D. DHANUKA, M. M. SATHAYE
Nivrutti D. Ghogare – Appellant
Versus
Maharashtra Industrial Development Corporation, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.T.D. Deshmukh
For the Respondent: Mr.Kunal Damle with Ms.Sangeeta Narayanan i/b, Mr. A.I. Patel, Addl. G.P. with Mr. A.R. Kanarse, G.P.

JUDGMENT :

R.D. Dhanuka, J.

1. Rule. Mr.Damle, learned counsel for MIDC – Respondent no.1 waives service. Mr. Patel, Addl. G.P. for the State – Respondent nos.2 to 4 waives service. Rule is made returnable forthwith. The matters are heard finally at the admission stage by the consent of parties.

2. By these petitions filed under Article 226 of the Constitution of India, the Petitioners have impugned the land acquisition proceedings initiated under the provisions of the Maharashtra Industrial Development Act (for short “MID Act”) with respect to Survey No.150, Hissa No.3, situated at Village Mann, Taluka Mulshi, District Pune.

3. The Petitioners owned various plots, including the plot bearing No.150, Hissa No.3. On 30th September, 2001 and August, 2004, notices under Section 32(2) and the notification under Section 32(1) of the said MID Act respectively came to be issued in respect of various lands, including the writ property. It is the case of the Petitioners that the writ property, however was deleted in the agreement entered into between the Petitioners and Maharashtra Industrial Development Corporation (MIDC). Compensation was awarded in respect of the said four plots.

4. Learned co

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