MANDABAI RAMDAS DATIR Vs. BABURAO KISAN DATIR

JUDGEMENT

(1.) The Suit property is plot no.33 admesuring 100 sq.m in the industrial area at mauje, Ambad, Nashik. The above property being owned by Kisan Dada Datir, came to be acquired by the Government in the year 1975.

(2.) On the acquisition of the suit land, the MIDC took a policy decision to allot plots to the project affected persons, at the prevalent rate and it issued a circular on 30/6/1993 and laid down the terms and conditions before allotting an alternative plot to the Karta of the family, the wife, son and unmarried daughter. Only one member of the family was entitled for allotment of the industrial plot with condition that, before the allotment, the person should procure a 'No objection' from other legal heirs/members of the family.

(3.) In the said suit, the MIDC was impleaded as defendant no.1, whereas the legal heir of Ramdas - Smt. Mandabai Datir (wife) and his two sons and one daughter came to be impleaded as defendant nos.2 to 5.