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Shivaji Rambhau Madane Thr His Power Of ... vs M.I.D.C. Thr Regional Officer, Latur ... on 18 July, 2023

7. The learned Single Judge, by an order dated 14.11.2014, has inter alia held that the right to property is a constitutional right guaranteed under Article 300A of the Constitution of India. It was further held that there is no material on record to demonstrate that the appellants adhered to the mandatory procedure stipulated under the statute. It was also held that no material is produced to show that the appellants have followed the mandate prescribed under the 1974 Act. The learned Single Judge, by placing reliance on a decision of the Supreme Court in Tukaram Kana Joshi and others through Power of Attorney Holder v. M.I.D.C. and others 1, held that the contention with regard to delay and laches, as advanced by the learned Government Pleader, is of no significance. The learned Single Judge concluded that the action of appellants in taking possession of the subject lands without following the mandatory provisions of the 1974 Act is illegal, arbitrary and violative of Articles 14 and 300A of the Constitution of India. The appellants were directed to initiate proceedings under the provisions of the Right to Fair Compensation and Transparency in 1 (2013) 1 SCC 353 ::6::
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