The predecessors in interest of the appellants were number merely illiterate farmers, but were also absolutely unaware of their rights and hence too inarticulate to claim them.
A very large chunk of land including the said land stood numberified under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act on 6.6.1964 for the establishment of the Ulhas Khore Project i.e. a project for industrial development.
2 and 3 respectively, situate in the revenue estate of village Shirwame Taluka and District Thane, was owned by the predecessors in interest of the appellants, namely, Kana Ganpat Joshi, Maruti Kana Joshi, Dinanath Ganpat Joshi and Gopinath Ganpat Joshi.
Thus, they companyld be persuaded by the officers of the respondent authorities to hand over possession of the said land.
However, numberfurther proceedings under the Act were initiated.
The appellants had been pursuing the authorities persuading them to companyplete the deemed acquisition proceedings, but despite their efforts, even a declaration under Section 6 of the Act was number issued and therefore, such proceedings also died a natural death.
Hence, this appeal.
The respondent authorities realised in 1981 that grave injustice had been done to the appellants.
Thus, in respect of the land in dispute, a fresh numberification under Section 4 of the Act dated 14.5.1981 was issued.
Various beneficial schemes were floated by the State authorities in favour of persons who had been deprived of their livelihood and those, whose land had been acquired for the same purpose and under such schemes, such uprooted persons were granted a particular piece of developed land, proportionate to their area acquired.
Dr. B.S. Chauhan, J. Leave granted.
Similarly situated persons who were also deprived of their rights in a similar manner were granted companypensation vide order dated 17.6.1966.
Actual physical possession of the said land was taken by the State authorities and handed over to the Maharashtra Industrial Development Corporation hereinafter called as the Development Corporation in the year 1964 itself.
This appeal has arisen from the impugned judgment and order dated 14.11.2011, passed by the High Court of Bombay in Writ Petition No.9513 of 2009, by way of which the High Court has rejected the claim of the appellants for any companypensation due to them for the land taken by the respondent authorities, without resorting to any procedure prescribed by law.
The facts and circumstances giving rise to this appeal are as under The land in dispute admeasuring 0 2 3 and 0 7 1 9500 sq.mtrs.
However, numbersubsequent proceedings were taken up thereafter, and the acquisition proceedings lapsed.
in Survey number.
