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august 2010

Supreme Court of India · 2010-08-30

Sudam Shankar Kshirsagar & Anr vs State Of Maharashtra & Ors

Court
Supreme Court of India
Petitioner
Sudam Shankar Kshirsagar & Anr
Respondent
State Of Maharashtra & Ors
Author
Mukundakam Sharma
Bench
Anil R. Dave, Mukundakam Sharma

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision regarding the interpretation of 'holding' under Section 2(8) of the Maharashtra Project Affected Persons Rehabilitation Act, 1986, affirming that a Hindu Joint Family qualifies as a 'person' under the Act. The Court ruled that the land acquisition proceedings were valid as the entire joint family holding is considered a single unit, thus not violating individual land rights under the Maharashtra Agricultural Lands [Ceiling on Holdings] Act, 1961. The appeal was dismissed, affirming the legality of the notification issued under Section 4(1) of the Land Acquisition Act.

Sudam Shankar Kshirsagar & Anr vs State Of Maharashtra & Ors · Niyam