NARAYANDAMODAR BHONDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the Petitioners have challenged the entire proceedings of acquisition of land commenced under the provisions of maharashtra Housing and Area Development Act, 1976.

(2.) FACT giving rise to the petition stated briefly are that the petitioners are owners of survey No. 29, admeasuring 5. 67 acres. On 30th August 1979 the government of Maharashtra issued a Notification in Government Gazette exercising its power under section 41 (1) of the Maharashtra Housing and Area Development act 1976 (hereinafter referred to as Act) for the purpose of construction of residential tenement, which is one of the purposes for which Maharashtra Housing and Area Development Authority has been established under the Act.

(3.) THEREAFTER on 3rd July 1980, Notification under section 41 (2) of the Act was published. During the pendency of the proceedings thereafter in June 1990 the respondents took possession of the said land from the petitioner as also their agricultural tenants.