FAKHRUDDIN TAHERBHAI KHORAKIWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE , returned forthwith.

(2.) THE challenge is to the Acquisition Order issued under Section 93(5) of the Maharashtra Housing And Area Development Act, 1976 (Exhibit 'C') dated 17th August, 1991, insofar as it relates to the property, of which the Petitioners claim ownership. From the impugned Acquisition Order itself; it has been noticed that the present owners of the property are M/s.Akbarally & Co. The Petitioners claim to be the Partners of the said Akbarally & Co. Various documents have been placed on record by the Petitioners in support of their claim of being owners of the property. Prima facie, that appears to be so. Admittedly, the Notice of Acquisition was not given to the Petitioners.

(3.) RULE is made absolute in the aforesaid terms.