ANWAR HAJEE ALIMOHAMMED HAJEE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2016-6-84
HIGH COURT OF BOMBAY
Decided on June 29,2016

Anwar Hajee Alimohammed Hajee Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) By this writ petition, filed under Article 226 of the Constitution of India, the petitioners seek to invoke the extraordinary writ jurisdiction of this Court for quashing the entire acquisition proceeding of their lands bearing Survey Nos.321 & 322 (part) totally admeasuring approximately 12 acres located in village Dahisar, Mumbai and further seeking consequential relief of directing respondent Nos.1 to 7 to hand over possession of the said lands thereby taking necessary steps to delete the reservation of the lands for Remote Receiving Station.
(2.) Brief facts of the petition as are necessary for deciding the same can be stated as follows: Late Shri Hajee Alimohammed Hajee Cassum Agboatwala was the original owner of several immovable properties, including the subject lands bearing Survey Nos.321 & 322 (part), situated at Dahisar, admeasuring about 12 acres. He died on 07.11.1946, leaving behind him his widow, who filed Suit No. 3415 of 1947 in this Court for administration of the estate of her husband. By an order of this Court dated 30.06.1950, respondent No.4 was appointed as the Receiver of the entire estate of the deceased Shri Hajee Alimohammed Hajee Cassum Agboatwala. On 01.07.1950 respondent No.4 took possession of the estate of the deceased.
(3.) Subsequent thereto, on 09.07.1958 the State of Maharashtra issued notification under Section 4 of the Land Acquisition Act, 1894 in respect of the petitioners' lands bearing Survey Nos.321 & 322 (part), along with other lands, for the public purpose of Remote Receiving Station. The declaration under Section 6 of the Land Acquisition Act was issued on 07.02.1959. Two separate notifications were accordingly issued on the same day and published in the Government Gazette on 19.02.1959. On 28.03.1974 respondent No.3, Special Land Acquisition Officer published an award in respect of those lands. Sometime in the year 1980, Remote Receiving Station was duly constructed on some portion of the lands acquired, not belonging to the petitioners. In the final revised development plan of Greater Mumbai sanctioned in 1991, the lands were shown as reserved for the public purpose of the Remote Receiving Station.;


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