LAWS(BOM)-2009-5-84

MUMBAI SEZ LTD Vs. STATE OF MAHARASHTRA

Decided On May 22, 2009
Mumbai Sez Ltd Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Mr. Kamdar, learned Senior Counsel for the Petitioners, Mr. Gokhale, learned AGP for Respondents No. 1 to 7 and Mr. Prajapati for Respondents No. 8 & 9. Mr. Sunil Dighe has filed a Civil Application on behalf of two Applicants, who have filed Petition being Public Interest Litigation (PIL) No. 74 of 2007 in this Court.

(2.) Our attention is drawn to prayers in PIL No. 74 of 2007, wherein notification under Section 4 of the Land Acquisition Act, 1894 (for short the Act) in respect of area of 8250 Hectares in 45 villages is impugned.

(3.) Mr. Gokhale has tendered an Affidavit made by Shridhar W. Bodhe, Special Land Acquisition Officer MSEZ, Uran, District-Raigad, wherein it is set out in paragraph 8 that some of the interested persons have filed Writ Petitions in this Court challenging the acquisition proceedings initiated by the Government for acquisition of land in dispute for Petitioner No. 1 Company. These Petitions are transfered to the Hon'ble Apex Court as per the directions issued by it. The list of these Petitions has been set out in paragraph 8. It has been further set out in paragraph 9 that in respect of the Petitions at Sr. No. 1 to 6, the State Government has already exercised its powers under Section 48(1) of the Act and these lands have been deleted from the acquisition proceedings on 18th February, 2009.