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2022 Supreme(SC) 608

M. R. SHAH, B. V. NAGARATHNA
Bharat Sanchar Nigam Limited – Appellant
Versus
Nemichand Damodardas – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. D. Agrawala, Sr. Adv. Mr. Pradeep Kumar Mathur, AOR Mr. Chiranjeev Johri, Adv.
For the Respondent: Mr. Satyajit Desai, Adv. Mr. Satyakam, Adv. Mr. Siddarth, Adv. Mr. Sajid V., Adv. Ms. Deb Deepa, Adv. Ms. Anagha S. Desai, AOR Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Ms. Shewtal Shepal, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Bombay at Nagpur Bench in First Appeal No. 1302 of 2009 by which the High Court has partly allowed the said appeal preferred by the original owners/original claimants and has enhanced the amount of compensation for the lands acquired mainly relying upon the prevailing Ready Reckoner rates of the land, the Bharat Sanchar Nigam Limited (BSNL) has preferred the present appeal.

2. That the lands owned by the respondents herein-original landowners situated at Yavatmal, Maharashtra were acquired by the State Government under the provisions of the Land Acquisition Act for BSNL. The Land Acquisition Officer declared the award determining the total compensation @ Rs. 14,33,703/- (at Rs. 13.32 per sq. ft.). At the instance of the landowners, a reference was made to the Reference Court. The Reference Court enhanced the amount of compensation to Rs. 21/- per sq. ft.

2.1 In a further appeal to the High Court at the instance of the original claimants, by t

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