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1992 Supreme(Bom) 278

D.R.DHANUKA
Special land Acquisition Officer (I), Bombay – Appellant
Versus
Bombay Municipal Corporation and another – Respondent


JUDGMENT - D.R. DHANUKA, J.:--- This is a reference under section 30 of the Land Acquisition Act, 1894 concerning apportionment of the amount of compensation in respect of the land bearing plot Nos. 32 and 32A of Worli Estate Scheme No. 52 of Bombay Municipal Corporation acquired for public purpose i.e. for residential accommodation of the Government employees. The Special Land Acquisition Officer has deposited a sum of Rs.3,05,900/- in this Court being the amount of compensation awarded under award dated 13th February, 1970.

2. The material facts having bearing on the subject matter of this reference are as under :-

(a) On 7th February, 1944, the claimant No. 2 made an application to the Municipal Commissioner for grant of lease in perpetuity in respect of plot No. 32 admeasuring about 1900 square yards on the terms and conditions set- out in the said application. The Improvements Committee of the Municipal Corporation of Greater Bombay authorised the Municipal Commissioner to convey its acceptance of the offer made by claimant No. 2. In pursuance of such authorisation and sanction by the Improvements Committee of the Corporation as contemplated under section 92(4) of the Bombay M













































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