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1974 Supreme(Bom) 57

B.A.MASODKAR
GRAM SEWA MANDAL, Wardha – Appellant
Versus
COLLECTOR, Wardha – Respondent


JUDGMENT-The appellant is a public trust who owned field Survey No. 70/3, area 4.92 acres, of mouza Anji (Mothi). Under the provisions of the Land Acquisition Act, 1894, after issue of notification with respect to 3·00 acres land out of the Survey number in question, the Land Acquisition Officer, Wardha, made an award on February 25, 1963. By that award, he fixed Rs. 3,852-50 P. including solatium as the compensation.

On April 20, 1963, the present applicant filed an application under section 18 before the Collector for making a reference. The appellant claimed a further sum of Rs 3,647.50 as additional compensation. In that application, he alleged that he came to know of the award on March 4, 1963 and after receiving the copy, the application was made. The Collector made a reference entertaining that application, which was tried by the Court of Civil Judge, Senior Division, Wardha. Before the said Court, the respondent-State raised amongst others the plea of limitation as far as the tenability of the reference is concerned. The parties also led evidence on merit in support of their respective cases. The learned civil Judge held against the appellant, finding that the reference its


































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