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2013 Supreme(SC) 1351

B.S.CHAUHAN, S.A.BOBDE
Bhusawal Municipal Council – Appellant
Versus
Nivrutti Ramchandra Phalak – Respondent


Advocates Appeared:
For the Appellant :- Sudhanshu S. Choudhari, Advocate.
For the Respondents:- M.Y. Deshmukh, Advocate.

JUDGMENT :

B.S. Chauhan, J. - Delay condoned.

2. Leave granted.

3. These appeals have been filed with a delay of 308 days against the orders dated 20.4.2012 and 5.3.2013 passed by the High Court of Bombay (Aurangabad Bench) in Civil Application No. 1724/2012 and Writ Petition (C) No. 1586/2013 respectively, by which the High Court has granted interim relief to the extent of payment of 50% of the enhanced amount of compensation as awarded by the reference court in land acquisition proceedings.

4. Facts and circumstances giving rise to these appeals are that :

    A. The land in dispute i.e. agricultural land bearing Gat No. 196/2B/1 to 196/2B/7 admeasuring 4.25 R. situated at Bhusawal, Distt. Jalgaon, Maharashtra, was acquired resorting to the provisions of the Maharashtra Regional and Town Planning Act 1966 (hereinafter referred to as the `Act 1966') and the Land Acquisition Act, 1894 (hereinafter referred to as the `Act 1894').

    B. In respect of the land, the award was made on 10.5.2000. After passing of the said award, the appellant took possession of the land on 11.2.2005 after making the payment of the awarded compensation to the tune of Rs. 68,40,835/-.

    C. The respondents filed reference

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