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1969 Supreme(SC) 382

J.C.SHAH, V.RAMASWAMI, A.N.GROVER
Ebrahim Akbaralli – Appellant
Versus
District Deputy Collector, Pandharpur Division, District Sholapur – Respondent


Judgment

RAMASWAMI, J.-This appeal is brought by certificate from the judgment of the Bombay High Court, dated November 13, 1963, in First Appeal No. 80 of 1958, whereby the High Court dismissed the appeal filed by the appellants against the decision of the Civil Judge, Senior Division, Sholapur and allowed the cross-objections filed by the respondent in Appeal No. 80 of 1958.

2. The lands bearing survey No. 93-A (part) and 94-A (part) measuring in all 8 acres 20 Gunthas and 24 square yards belonging to Akbaralli Abdul-hussein of Pandharpur were notified under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act) under Government Notification R. D. No. 9111/49, dated May 15, 1951 for acquisition for the use of State Transport Department, Bombay for motor stand garage and depot, etc., for State Transport at Pandharpur. Notification under Section 6 of the Act was published on May 31, 1951. Out of the said lands, one acre was converted to non-agricultural land in 1941. It appears that there was some mistake in the measurements of the lands. A correct notification was published on August 27, 1953. After correcting the original notifications the Collector gave notice to






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