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1970 Supreme(Bom) 66

J.R.VIMULDALAL
SPECIAL LAND ACQUISITION OFFICER, Girna Project, Nasik – Appellant
Versus
BHOGILAL LALCHAND – Respondent


JUDGMENT-This is an appeal from a judgment of the learned joint District judge, Nasik, dated August 22, 1969, in a reference under section 18 of the Land Acquisition Act. The land under acquisition comprises 6f the whole of S. No. 65 of Khayade village admeasuring 16 acres and 33 gunthas, and Pot-kharaba 1 acre and 34 gunthas, aggregating to 18 acres and 27 gunthas. According to the revenue records, the western part of that survey number was sub-divided into Hissa No.1 admeasuring 9 acres and 2 gunthas, which together with Pot-Kharaba 1 acre 7 gunthas, totalled to 10 acres and 9 gunthas; and the eastern part thereof was sub-divided into Hissa No.2 admeasuring 7 acres and 31 gunthas, and Pot-kharaba 27 gunthas, admeasured in all 8 acres and 18 gunthas. It was the case of respondent No.1 in this appeal that the whole of the land comprised in Hissa No.1 of the said S. No. 65 belonged to him and was in his possession till the date of acquisition and he was entitled to compensation in respect thereof. In the course of the land acquisition proceedings, however, the Special Land Acquisition Officer came to the conclusion that respondent No.1 (Bhogilal) was found to be in possession only o












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