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