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1975 Supreme(Online)(Bom) 3

BOMBAY HIGH COURT
Tendolkar, J
Dr. Mohmed Salim Samsuddin and his three brothers – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Paranjpe, Mr. Limaye
For the Respondents: Mr. Gambhirwala

1. These appeals arise out of the land acquisition proceedings which were initiated at the instance of the Executive Engineer. Irrigation Division, Nasik, for acquiring certain lands comprised in different survey numbers situate at Malegaon, District Nasik, for public purpose, namely, construction of Distributory No. 12 of Mosum Rice Canal. Various portions of different survey numbers were acquired for the above purpose under two different notifications that were issued under S.4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") both having been published on the same date namely 4th May, 1961. All area of 1 acre and 5 gunthas out of survey No. 148/1 plus 2 situate at Malegaon belonging to Dr. Mohmed Salim Samsuddin and his three brothers was sought to be acquired under notification bearing No. L. A. Q. C. 4368 dated 13th of April 1961 published in the Government Gazette on 4th of May 1961. Similarly under another notification bearing No. L. A. Q. C. 4369 also dated 13th of April 1961 published in the Government Gazette on 4th of May 1961 1 acre out of survey No. 164 belonging to Bhikaji Ananda Pawar was sought to be acquired for the above purpose. Under the

























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