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1995 Supreme(SC) 1243

K.RAMASWAMY, S.B.MAJMUDAR
Kamalabai Jageshwar Joshi – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
S.M.JADHAV, V.B.JOSHI

ORDER

1. Notification under Section 4(1) of the Land Acquisition Act was published on 10-5-1962 acquiring a total extent of 62.5 acres belonging to the appellant for extension of the South Eastern Railway Station. The award under Section 11 was made on 13-5-1965 determining the compensation @ Rs. 250 per acre. On reference under Section 18 by award and decree dated 8-12-1971, the Court had enhanced the compensation to Rs. 2000 per acre. On further appeal under Section 54, the Division Beach of the High Court by judgment and decree dated 29-9-1984 further enhanced the compensation to Rs. 7000 per acre. Dissatisfied therewith, the appellant has filed this appeal by special leave. The State did not file any appeal against the enhanced compensation.

2. Shri Joshi, learned counsel for the appellant contended that the appellant, even before the acquisition was initiated, had offered the land @ Rs. 4 per sq. yd. and the Department had agreed and proceeded with the acquisition. The High Court should have granted compensation at Rs. 4 per sq. yd. It is also contended that High Court having accepted the sale deeds, Items 1, 2 and 7 which served as instances of comparable market value, they w


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