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    Shri Tukaram Kana Joshi And Ors. Petitioners v. M.I.D.C & Anr. S

    1. According to the Petitioners the possession of their land was taken by MIDC in the year 1964. It is also the case of the Petitioners that they were not paid any compensation from 1964. The Petitioners are not in a position to point out that they had made any attempt or made any grievance for getting compensation of the land. Kambli

    2. It appears that in the year 1981 a notification under Section 4 of the Land Acquisition Act was issued for acquiring the land. It is true that in the year 1981 there was no requirement for issuing notification under Section 6 within a period of three years from the date of the publication of the notification under Section 4. But that requirement was introduced in the Land Acquisition Act in the year 1984. Admittedly, now the land is already developed by the authorities long back. Buildings have been constructed. Third party rights have already been created. All the Respondents have filed their affidavits stating that the papers are not available. The Petitioner is guilty of unexplained laches and therefore in the extra ordinary jurisdiction of this court under Article 226 of the Constitution no relief can be granted to the Petitioner. Petition is, therefore, rejected.

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    Shri Tukaram Kana Joshi And Ors. Petitioners v. M.I.D.C & Anr. S
    (Nov 14, 2011)