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1996 Supreme(SC) 260

G.B.PATTANAIK, K.RAMASWAMY
State Of Maharashtra – Appellant
Versus
Digamber Bhimashankar Tandale – Respondent


ORDER

Delay condoned. Leave granted.

2. We have heard the counsel on both sides. The notification under Section 4(1) of the Land Acquisition Act was published in the State Gazette on July 14, 1977 acquiring 12.50 acres of land for extension of the Thermal Power Station at Parali Vaidyanath Municipality. The Land Acquisition Officer in his award dated 20.9.1978 determined the compensation at Rs. 3,000/- per acre; namely, 72.5 per Acre. On reference, the Additional District Judge by his award and decree dated April 27, 1987 enhanced the compensation at Rs. 5/- per sq. ft. On appeal, the High Court while confirming the said determination, reduced l/3rd of the amount towards development charges. Thus these appeals by special leave by the State as well as by the Electricity Board and also by the claimants against the deduction of l/3rd amount. Thus these appeals are heard together.

3. The only question is: what will be the just and adequate compensation to which the lands are capable to fetch in open market ? It is settled law that the determination of compensation on sq. ft. basis is an illegal principle followed by the courts. The reference Court on feats of imagination has done it. Wh





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