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2007 Supreme(Bom) 1125

SWATANTER KUMAR, D.Y.CHANDRACHUD
State of Maharashtra – Appellant
Versus
Ishwarsharan Kedarnath Bhargava – Respondent


Advocates appeared:
Mrs. G.P. Mulekar, Assistant Government Pleader, for the appellants.
Mr. Rajesh S. Datar for the claimants.

JUDGMENT (Per Swatanter Kumar, C.J.):

In the year 1963-64, the Government of Maharashtra took a decision to acquire the lands on eastern and western sides of Thane- Belapur Road for a public purpose viz. development and utilisation of the same in Thane Harbour Panvel and Trans Thane Creek, for industrial, commercial and residential development. This project was to be named as New Bombay City Project. In furtherance to this public purpose, notification under Section 4 of the Land Acquisition Act, 1894, hereinafter referred to as “the Act”, was issued for acquiring different lands belonging to different land owners out of Gat Nos. 14, 28, 35,, 39, 166, 170 and 285 of village Rabale in Thane District during the period 13th September, 1968 to 2nd December, 1972. The Land Acquisition Officer, vide his awards of different dates, awarded compensation to the claimants at Rs. 5.40 per sq.metre for acquisition of their respective lands. Different amounts were claimed by the owners of the land in Land Acquisition References. The claimants being dissatisfied with the Award of the Collector preferred applications under Section 18 of the Act and claimed varied amounts of compensation. The learned



















































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