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1995 Supreme(SC) 1201

K.RAMASWAMY, B.L.HANSARIA
Shakuntalabai – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.S.BHASME, M.N.SHROFF, Pramit Saxena, RIMA BHANDARI, S.M.JADHAV, S.V.DESHPANDEY, V.K.MEHTA, V.N.GANPULE

ORDER

1. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act), acquiring an extent of 20 acres of land in Survey No.24/2 situated in Akola town for construction of the houses to weaker sections and middle income group people, was published in the State Gazette on August 11, 1965. The Land Acquisition Officer in his award dated March 26, 1971 determined the market value of the front portion of land admeasuring 4 acres 18 gunthas at Rs.5,500/- per acre and for the rest of 15 acres and 32 gunthas at 4,500/- per acres. Dissatisfied therewith, the appellant sought reference under Section 18 of the Act and the Senior Civil Judge in his award and decree dated September 26, 1972 enhanced the compensation in respect of the lands in the front portion at Rs.1.25 per sq. ft. and to the rest of the land at Rs.1/- per sq. ft. He also deducted Rs.3,000/- per acre towards development charges and 30% land was left over for roads etc. On appeal by the State and also on cross appeal by the appellant, by judgment and decree dated July 28,1980 the Division Bench of the Bombay High Court set aside the award and decree of the Reference Court and confirmed that of the Land








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