JUDGMENT - B.U. WAHANE, J.:---The appellant-Western Coalfields Limited, Wardha Valley Area, Chandrapur, in the instant First Appeal under section 20 of the Coal Bearing Areas (Acquisition and Development) Act, 1957, questioned the final order passed by the learned Special Tribunal, dated 11th day of January 1988, assessing the compensation @ Rs. 1.50/- per sq. ft.

2.The facts, in short, are as under :

In pursuance of the Notification under section 4(1) of the Act, published on 10-4-1975, the lands of the respondents including Shri Vasanji Suchak, came to be acquired for the development of Coal Quarries. The respondent No. 1 Shri Vasanji Suchak owned the land Kh. No. 107/41 admeasuring 2.05 acres, situated in mouza Dewai-Govindpur, Tah. and Dist. Chandrapur. The land, as alleged by the respondent No. 1 is near Shastri Nagar, Chandrapur and contiguous to Shri Din Dayal Upadhyaya Housing Society. The respondents 2 to 5, had purchased different plots from the respondent No. 1 Shri Vasanji Suchak under registered sale-deeds. Prior to the acquisition by the appellant/original non-applicant, the land was diverted to non-agricultural purposes vide order dtd. 10-1-1974 passed by the Sub Div

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