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1986 Supreme(Bom) 186

G.F.COUTO
Govind Narayan Lotlikar – Appellant
Versus
Savitribai Raghuvira Lotlikar & others – Respondent


JUDGMENT - COUTO G.F., J.: - Can the District Court in a reference under section 30 of the Land Acquisition Act, 1894, implead persons who claim to be entitled to the compensation awarded in a land acquisition proceedings or to a part thereof, or who claim to be interested in the acquired property, when the same persons were not parties before the Collector, is the question that arises in this revision application. The petitioner's answer to this question is in the affirmative, while the respondents are of the opposite view.

2. The facts are not in dispute and strictly speaking, it is not necessary for me to advert to them in detail. It suffices to say that proceedings had been initiated under the Land Acquisition Act, 1894 for the acquisition of a plot of land situated at Curchorem, for the construction of Police Staff Quarters. It appears that initially, only the respondents Dr. Kusha Kudchadkar and Prabhakar Kudchadkar were shown as the persons interested in the land proposed to be required. However, before the passing of the award, the respondents Nos. 1 to 5 (Lotlikars) filed an application before the Collector alleging to be interested parties, since the acquired land belonged













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