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2005 Supreme(Bom) 1624

A.P.DESHPANDE, S.P.KUKDAY
MUNICIPAL COUNCIL – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

S. P. KUKDAY, J.

( 1 ) RULE. Rule made returnable forthwith with the consent of parties. Respective learned Counsel waive notice for respective respondents.

( 2 ) PETITIONER - Municipal Council, Tuljapur acquired certain lands for the purpose of road widening in the year 1989. A notification under section 6 of the land Acquisition Act, 1894 (hereinafter to be referred to as the said Act) was published on 22-1-1998. After following due procedure, an award was declared by the Collector under section 11 of the said Act on 23-2-1989. Compensation was paid to the parties to the award. After payment of the compensation, the claimants prayed for Reference under section 18 of the Act. Accordingly, reference was made and was dealt with by Civil Judge, Senior Division, osmanabad as L. A. R. Nos. 288/1990, 64/1991, 359/1990, 75/1991 and 65/1991, learned Civil Judge, Senior Division, passed an Award in these References on 2-9-1993, 26-2-2002, 9-3-1994, 1-3-1995 and 8-1-2003 respectively. However, petitioner was not made party to these proceedings before the Civil Judge, Senior division in all these References. By the Award, learned Civil Judge, Senior division, increased the amount of


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