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2012 (11) TMI 1234 - SUPREME COURTAppellants non-suited on the ground of delay and non-availability of records - acquisition proceedings - Maharashtra Industrial Development Corporation (Development Corporation) - The land in dispute admeasuring, was owned by the predecessors-in-interest of the Appellants. A very large chunk of land including the said land stood notified u/s 4 of the Land Acquisition Act, 1894 ('Act') on 6.6.1964 for the establishment of the industrial development. However, no subsequent proceedings were taken up thereafter, and the acquisition proceedings lapsed. The predecessors-in-interest of the Appellants were not merely illiterate farmers, but were also absolutely unaware of their rights and hence too inarticulate to claim them. Thus, they could be persuaded by the officers of the Respondent authorities to hand over possession of the said land. Actual physical possession of the said land was taken by the State authorities and handed over to the Development Corporation in the year 1964 itself. HELD THAT:- The learned senior Counsel appearing for the State came forward with a welcome suggestion stating that in order to redress the grievances of the Appellants, the Respondent-authorities would notify the land in dispute u/s 4 of the Act within a period of 4 weeks from today. Section 6 declaration will be issued within a period of one week thereafter. As the Appellants have full notice and information with respect to the proceedings, publication in the newspapers either of the notification or of the declaration under the Act are dispensed with. Notice u/s 9 of the Act will be served within a period of 4 weeks after the publication of Section 6 declaration and award will be made within a period of three months thereafter. The deemed acquisition proceedings would thus, be concluded most expeditiously. Needless to say, the market value of the land in dispute will be assessed as it prevails on the date on which the Section 4 notification is published in the Official Gazette. Payment of compensation/award amount will be made to the claimants/persons-interested immediately thereafter, along with all statutory benefits. The Appellants shall be entitled to pursue the statutory remedies available to them for further enhancement of compensation, if so desired. With these observations, the appeal stands disposed of.
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