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1971 Supreme(Online)(Bom) 10

BOMBAY HIGH COURT
Mr. Kantawala, J
Jalan Trading Co. Private Ltd. (M/s) v. State of Maharashtra


Table of Content
1. petitioner's appeal against land acquisition. (Para 1)
2. understanding of s.90 and s.91 for acquisitions. (Para 2 , 3)
3. previous case supports current findings. (Para 4)
4. objections raised were not valid at this stage. (Para 5 , 6)
5. summary dismissal confirmed without requiring reasons. (Para 7 , 8)

1. This is a petitioner's appeal against the summary dismissal of their writ petition by Mr. Justice Kantawala. A part of a certain land belonging to the petitioners was being acquired by the State Government under the provisions of the Land Acquisition Act . The land admeasures 3,118.63 square yards and is situated at Fergusson Road, Lower Parel, Bombay. The notification under S.4 was published on 27th February 1964 and the notification under S.6 on 20th May, 1965. Both the notifications stated the purpose of the acquisition "for the Bombay Municipal Corporation for the construction of a primary school." Soon after the notification under S.6 the petition was filed on 15th July 1965 and it raises substantially one ground of attack against the acquisition proceedings. It is that ground which is also being pressed before us. The ground is that the requirements of S.9
















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