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2006 Supreme(Bom) 1558

V.G.MUNSHI
Bayaji Tatya Kalunge – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT:- First Appeal (No.264/1992) is directed by the appellant (original claimant) in Land Acquisition Reference No.95/1985, feeling aggrieved by the award passed by the second Joint Civil Judge, Senior Division, Ahmednagar, on 30-6-1989, thereby enhancing the amount of compensation awarded by the Special Land Acquisition Officer, Ahmednagar.

2. The important facts of the petition may briefly be stated as under:

The lands from Gat Nos.41212, 412/3, 412/4 were of the ownership of the appellant (claimant). These lands were acquired by the respondent-State, for the purposes of construction of Minor Irrigation Tank, in village Ratnapur. The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter, called "Act of 1894") was published on 24-91981. The Special Land Acquisition Officer, Ahmednagar, followed the due procedure and passed the award under Section 11 of the Act on 13-6-1989 and awarded compensation at the rate of Rs.3,700/- to Rs.8,500/- per Hectare for Jirayat land and, at Rs.5,050/- to Rs.12,750/ - per Hectare, in respect of Bagayat land. The appellant (claimant) felt aggrieved by the said order and, therefore, made reference under Section 18 of the Ac






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