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Showing contexts for: 44th amendment in Late Shri. Kashinath Devram And Babubai ... vs State Of Maharashtra And Ors on 28 January, 2025Matching Fragments
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1. Heard learned counsel for the parties.
2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
3. The Petitioners seek the following substantive reliefs in this Petition:-
"[A] That this Honourable Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, direction and order under Article 226 of the Constitution of India, 1950, quashing and setting aside the provision of Constitution (44th Amendment Act) of the year 1978 as violative of the basic structure of the Constitution of India.
[B] That this Honourable Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, direction and order under Article 226 of the Constitution of India, 1950, quashing and setting the Central Act No. 68 of 1984, namely Land Acquisition [Amendment] Act 1984, as violative of Article 300 A of the Constitution of India.Page 4 of 32
wp.3475-2017 (F).docx [C] That this Honourable Court be pleased alliteratively to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, direction and order under Article 226 of the Constitution of India, 1950, alternatively holding the provision of Land Acquisition [Amendment] Act 1984 are inconsistent with the provision of Article 19 [1] [f] read with Article 31, of the Constitution of India, in case if the Honourable Court comes to the conclusion that, the Constitution (44th Amendment) Act 1978 is violative of the basic structure of the Constitution.
[D] That in case if the Honourable Court comes to the conclusion that the Constitution (44th Amendment) Act 1978, is not violative of the basic structure of the Constitution, then the Honourable Court be pleased to hold that the provision of Land Acquisition [Amendment] Act 1984, are not "Authority of Law" within the meaning of Article 300 A of the Constitution of India, and the aforesaid provisions of the Act are violative of Article 300 A of the Constitution of India, 1950.
[E] That this Honourable Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, direction and order under Article 226 of the Constitution of India, 1950, quashing and setting aside the Notification issued by the Special Land Acquisition Officer, under Land Acquisition Act in respect of the suit property, as the fraud on the provisions of Section 3[cc] of the Land Acquisition Act 1894, as amended by the Land Acquisition [Amendment] Act No.68 of 1984.