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2007 Supreme(Bom) 1552

SWATANTER KUMAR, A.P.LAVANDE, R.V.MORE
Shrikrishna s/o. Sitaramji Fande – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. A. M. GHARE, with Mr. MANOJ SABLE, Mr. S.D. CHOPADEY for the Petitioners.
Mr. N.W. SAMBRE, Government Pleader for Respondent Nos.1 and 2.
Mr. J.T. GIKLA, for Respondent No.3-Intervener.

JUDGMENT

SWATANTERKUMAR, C.J.:- Section 19 of Act 68 of 1984 introduced present Section 28-A to the Land Acquisition Act, 1894, (hereinafter referred to as the' Act') with effect from 24th September, 1984. The State, with the object of promoting public welfare and economic development, had been acquiring land for various industrial and institutional projects and for other public purposes. With intent to avoid hardship to the persons, whose lands are acquired, and to regulate payment of fair compensation and also to avoid unrealistic state of compensation, there was need for restructuring in relation to payment of compensation for which, these amendments were carried out. The legislative intent of socioeconomic protection to the small land owners or poor people, particularly, who were not able to take recourse to the provisions of section 18 of the Act, due to their financial stringency, was in conformity with the principle of equality. With a view to avoid discrimination and inequality in payment of compensation to the persons, whose similarly situated lands were acquired for same project under the same acquisition, the concept of redetermination of compensation at the level of the





























































































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