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2011 Supreme(SC) 75

K. S. P. RADHAKRISHNAN, SWATANTER KUMAR, MUKUNDAKAM SHARMA, S. H. KAPADIA, ANIL R. DAVE
Offshore Holdings Pvt. Ltd. – Appellant
Versus
Bangalore Development Authority – Respondent


JUDGMENT

Swatanter Kumar, J. —

Leave granted.

2. A two Judge Bench of this Court in the case of Girnar Traders v. State of Maharashtra1 [(2004) 8 SCC 505] had considered the question whether all the provisions of the Land Acquisition Act, 1894, (for short, the ‘Land Acquisition Act’ or the ‘Central Act’) as amended by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as the ‘Central Act 68 of 1984’), can be read into the provisions under Chapter VII of the Maharashtra Regional and Town Planning Act, 1966 (for short, ‘the MRTP Act’) for acquisition of land thereunder. The Bench was of the opinion that the observations made by another Bench of this Court in the case of State of Maharashtra v. Sant Joginder Singh 2 [(1995) Supp (2) SCC 475] did not enunciate the correct law by answering the said question in the negative and, thus, requires reconsideration by a larger Bench. While recording variety of reasons for making a reference to the larger Bench the learned Judges in paragraphs 20 and 21 of the Order observed as under:

“20. We, therefore, see no good reason as to why the provisions introduced in the Land Acquisition Act, 1894 by Central Act 68 of 1




































































































































































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