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B.S. CHAUHAN,JAGDISH SINGH KHEHAR
TUKARAM KANA JOSHI & ORS. THR.POA HOLDER – Appellant
Versus
TUKARAM KANA JOSHI . THR.POA HOLDER – Respondent


Advocates:
ANIL KUMARANIL SHRIVASTAV

Page 1

JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL

APPEAL

NO.7780

OF

2012

(Arising out of SLP(C)No.2418 OF 2012)

Tukaram Kana Joshi & Ors. thr. Power

of Attorney Holder

……. Appellant (s)

Versus

M.I.D.C. & Ors.

……..Respondent(s)

J U D G M

E N T

Dr.

B.S.

Chauhan,

J.

1.

Leave granted.

2.

This appeal has arisen from the impugned judgment and order

dated 14.11.2011, passed by the High Court of Bombay in Writ

Petition No.9513 of 2009, by way of which the High Court has

rejected the claim of the appellants for any compensation due to them

for the land taken by the respondent authorities, without resorting to

any procedure prescribed by law.

3.

The facts and circumstances giving rise to this appeal are as

under:

A.

The land in dispute admeasuring 0-2-3 and 0-7-1 (9500

sq.mtrs.) in Survey nos. 2 and 3 respectively, situate in the revenue

Page 2

JUDGMENT

estate of village Shirwame Taluka and District Thane, was owned by

the predecessors-in-interest of the appellants, namely, Kana Ganpat

Joshi, Maruti Kana Joshi, Dinanath Ganpat Jos

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