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2007 Supreme(Bom) 1105

ROSHAN DALVI, R.M.S.KHANDEPARKAR
UNION OF INDIA – Appellant
Versus
MOHAMMED MASUD MOHAMMED, MAOSHIN BHAIJI – Respondent


Advocates Appeared:
A.M.Sethna, A.R.PATIL, AMIT SHINDE, ANURAG GOKHALE, B.A.Desai, BODHANVALA, GIRISH S.KULKARNI, M.I.SETHNA, MILAN BHISE, Naveena Kumari, RAJIVKUMAR, RITESH WAGH, S.D.BHOSALE, S.N.Gawade, S.R.RAJGURU, S.V.More, SHEKHAR NAPHADE, SWATI DESHPANDE, Y.M.NAKHWA

R. M. S. KHANDEPARKAR, J.

( 1 ) HEARD at length the learned advocates for the parties. Perused the records as well as written submissions. We have also gone through the various statutory provisions referred to in the course of arguments as also all the decisions relied upon by the learned advocates in their oral as well as written submissions.

( 2 ) THE appeal and the cross appeal arise from the award dated 23rd June, 1993 passed by the Reference court of Raigad at Alibag in the Land Acquisition reference No. 184 of 1986 which is a common award by which the Reference Court has disposed of 79 land acquisition reference cases. The appellants in First appeal No. 455 of 1994 are the respondents in First appeal No. 741 of 1995 and are hereinafter called as

"the Government", and the appellants in First Appeal no. 741 of 1995 are the respondents in First Appeal no. 455 of 1994 and are hereinafter called as "the claimants".

( 3 ) THE land acquisition proceedings under the land Acquisition Act, 1894, hereinafter called as "the said Act", commenced with the publication of notification dated 3rd February, 1970 under Section 4 of the said Act followed by a declaration under section 6 issued in






































































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