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2010 Supreme(SC) 870

ASOK KUMAR GANGULY, G.S.SINGHVI
Pralhad – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

Ganguly, J. —

1. The relevant facts common in these appeals are that a preliminary notification dated 5.03.1983 was issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as, ‘the Principal Act’) in respect of the land at Ghonga Tank in village Ghonga, Taluk Barshitakli, Akola, Nagpur. It was followed by a notification under Section 6 of the Principal Act on 28.07.1983.

2. The Land Acquisition Collector passed his award on 1.03.1984, awarding Rs.3600/- per acre for the acquired lands. Landowners, being aggrieved, filed a Reference application under Section 18 of Act on 5.04.1984, for enhancement of compensation.

3. Meanwhile, the Land Acquisition (Amendment) Act, 1984, being Act 68 of 1984 (hereinafter ‘the Amendment Act’) received the assent of the President on 24.09.1984 for amending the Principal Act. The amendment was made applicable to every pending proceeding for acquisition of any land under the Principal Act and which were pending on 30.04.1982.

4. On 25.04.1985, the Additional District Judge, Akola, in the Reference Proceeding enhanced the compensation to Rs.13,000/- per acre, with solatium at the rate of 30% as per the amendment and int




























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