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1 - 6 of 6 (0.22 seconds)Article 14 in Constitution of India [Constitution]
The Land Acquisition Act, 1894
Article 21 in Constitution of India [Constitution]
Telangana Escheats and Bona Vacantia Act, 1974
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
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