SUDHANSU JYOTI MUKHOPADHAYA, G.S.SINGHVI
Sabhia Mohammed Yusuf Abdul Hamid Mulla (D) by L. Rs. – Appellant
Versus
Special Land Acquisition Officer – Respondent
JUDGMENT
G. S. Singhvi, J.
1. With a view to implement the New Bombay Project, the Government of Maharashtra acquired large tracts of land in different villages of the State. The appellants’ land measuring 3,86,790 square meters in Roadpali (Kolekhar) Village, Panvel Taluka, Raigad District was also acquired for the project. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued on 3.2.1970 and declaration under Section 6(1) was issued on 24.8.1972. The Special Land Acquisition Officer passed different awards for different parcels of land and fixed market value of the acquired land in the range of Rs.1.75 per square meter to Rs. 2.50 per square meter.
2. The appellants did not file application under Section 18 of the Act for determination of compensation by the Court, but after amendment of the Act with effect from 24.9.1984 and disposal of the references made at the instance of other landowners, they filed an application under Section 28A(1) for redetermination of market value of the acquired land. The Special Land Acquisition Officer held that the landowners are entitled to compensation at the rate of Rs.1.20 per square meter to Rs.2/-
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