ANWAR HAJEE ALIMOHAMMED HAJEE Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Anwar Hajee Alimohammed Hajee
STATE OF MAHARASHTRA
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(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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