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1998 Supreme(SC) 6

A.S.ANAND, S.RAJENDRA BABU
Hasanali Walimchand – Appellant
Versus
State Of Maharashtra – Respondent


Order

This order will dispose of both appeals as they arise out of the same judgment and order of the High Court of Bombay, dated 26.9.1979.

2. Land measuring 14 acres and 9 Gunthas, which is subject matter of these appeals, situate in Village Kedgaon, Taluka Nagar, District Ahemdnagar, Maharashtra was acquired by the State. Notification under Section 4 of the Land Acquisition Act (hereinafter the Act) was issued on 1.3.1969. Notification under Section 6 of the Act was published in the gazette on 26.6.1969. The land was acquired for public purpose for extension of living place for the population as also for construction of government godowns. The Land Acquisition Collector, vide Award dated 29.9.1970 determined the market value of the land at Rs. 3,000/- per acre and Rs. 3200/- per acre. Compensation amounting to Rs. 49, 301/- was awarded. Aggrieved by the Award of the Land Acquisition Collector, the claimants sought a reference under Section 18 of the Act. The learned Joint Civil Judge, vide his Award dated 28th August, 1971, determined the market value @ Rs. 1/- per square foot, inter-alia after taking into account rates fixed by a Cooperative Housing Society for sale of plots by i













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