Tukaram Kana Joshi & others thr. Power of Attorney Holder Vs. M.I.D.C. & other
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The Land Acquisition Act, 1894 - Section 4
High Court rejecting the claim of the appellants for any compensation due to them for the land taken by the respondent authorities, without resorting to any procedure prescribed by law - In challenge - There has been no acquisition. The State concedes to the right, title and interest of the appellants over such land and pleaded the doctrine of delay and laches as grounds for the dismissal of the petition/appeal - The act of the State amounts to encroachment, in exercise of "absolute power" - The appellants were deprived of their legitimate dues for about half a century and seriously discriminated against qua other persons, whose land was also acquired - The respondent-authorities are directed to notify the land in dispute under section 4 of the Act for conclusion of the deemed acquisition proceedings and further payment of compensation to the claimants alongwith all statutory benefits immediately thereafter - Appeal disposed.
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