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2004 Supreme(Bom) 1040

V.M.KANADE, V.G.PALSHIKAR
Dagu Ganpat Kathe & others – Appellant
Versus
Special Land Acquisition Officer No. 2 & others – Respondent


JUDGMENT - KANADE V.M., J.:-Both these petitions can be disposed of by a common judgment as the point raised in this petitions is identical.

2. By these petitions, petitioners are challenging the order passed by the respondent No. 1-Special Land Acquisition Officer, Nashik who had dismissed the application filed by the petitioners in determination of the amount of compensation. The said application which is filed under section 28-A of the Land Acquisition Act was rejected solely on the ground that the said application was not filed within limitation.

FACTS :

3. By a Award dated 22-9-1990, respondent No. 1-Special Land Acquisition Officer held that the petitioner and other claimants were entitled to Rs. 100/- per sq. meter by way of compensation in lieu of their lands which were acquired form Village Takli. Petitioner and other claimants filed a reference under section 18 of the said Act for enhancement of the compensation and claimed the rate of Rs. 300/- per sq. meter.

4. The Joint District Judge by his judgment and Award dated 16-7-1999 held that they were entitled to the enhanced rate and, accordingly the rate was enhanced to Rs. 134/- to Rs. 201/- depending upon the facts of each c

















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