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2005 Supreme(Bom) 1634

P.S.BRAHME
KISHOREKUMAR MOHANLAL KOTHARI – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


( 1 ) THIS appeal is preferred by the appellant challenging the judgment and order dated 19th September, 1991 passed by the learned District Judge, Akola in Land Acquisition Case No. 46 of 1987 rejecting the claim of the appellant for compensation in respect of his land acquired.

( 2 ) THE facts which are no more in dispute are as follows : the land of the appellant was acquired by the State Government in revenue Case No. 36/47/1980-81 of Malkapur. In that, by the Award passed on 19th September, 1986, the amount of compensation awarded for his land acquired was Rs. 4,62, 642/ -. As the compensation awarded was not adequate, the appellant filed an application under section 18 of the Land Acquisition Act before the Special Land Acquisition Officer, Akola (who exercised powers of the collector for enhancement of compensation ). The said authority duly examined the application for reference and referred the same to Civil Court. The Civil court, after recording the evidence held that the appellant was entitled to compensation of Rs. 1,00,000/- as claimed in Reference Application. However, the said claim was dismissed by the Reference Court by its judgment and order dated 19-9-1991 holdi






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