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2004 Supreme(Bom) 1315

B.R.GAVAI, P.S.BRAHME
RAMNARAYAN s/o MANILAL SAHU through LRs. SMT. KAMAL wd/o RAMNARAYAN SAHU – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

P. S. BRAHME, J.

( 1 ) HEARD learned counsel for the parties. Perused the record. By this petition the petitioner challenges the order dated 9-10-1986 passed by 15th Additional District Judge, Nagpur in M. C. A. 459/1983 whereunder respondents No. 1 and 2 were prevented from paying the amount of compensation as per award to the original petitioner till the decision on M. C. A. 459/1983. Petitioners sought declaration that the order passed by the 15th additional District Judge, Nagpur in M. C. A. 459/1983 dated 9-10-1986 be quashed and set aside and that the amount of compensation be paid to the petitioners who are legal representatives of original petitioner.

( 2 ) THE subject-matter of dispute is the entitlement of petitioners of compensation in respect of acquisition of the land admeasuring 17 acres 23 gunthas out of the land survey No. 86 as per the award dated 6-4-1987 in land acquisition case No. 10/a-65/84-85 of village Nanda by the Special Land acquisition Officer (General), Nagpur respondent No. 2. Admittedly original petitioner purchased the agricultural lands comprised in survey No. 77/2 admeasuring 3. 70 ars. field survey No. 78 admeasuring 1. 38 ars and survey N










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