2008 Supreme(Bom) 538
SWATANTER KUMAR, J.P.DEVADHAR
State of Maharashtra – Appellant
Versus
Keru Baban Avhad – Respondent
Advocates:
Advocate Appeared
Mr. KIRAN GANDHI, i/by. M/s. Little & Co. for the Appellant No.2
Mr. P. N. JOSHI with Mr. R. M. HARIDAS, for the Respondents.
Mr. S. R. BORULKAR, Government Pleader in First Appeal Nos.1802 of 2003 to 1811 of 2003 and in First Appeal Nos.1307 of 2004 to 1316 of 2004.
Mr. K. K. T ATED, Assistant Government Pleader for State in First Appeal Nos. 1773 of 2003 to 180 I of2003, 1841 of 2003 and First Appeal Nos.1343 of 2004 and 1282 of 2004 to 1306 of 2004.
Ms. R. M. GADVL Assistant Government Pleader f,)r State in First Appeal Nos.18 I 2 of 2003 to 1816 of 2003 and First Appeal Nos.1317 of 2004 to 1320 of 2004.
Mr. B. H. MEHTA, Assistant Government Pleader for State in First Appeal Nos. 1817 of 2003 to 1821 of 2003 and First Appeal Nos.1321 of 2004 to 1324 of 2004.
Ms. G. P. MULEKAR, Assistant Government Pleader for State in First Appeal Nos.1822 of 2003 to 1826 of 2003 and First Appeal Nos.1325 of 2004 to 1328 of 2004.
Mr. S. N. GA WADE, Assistant Government Pleader for State in First Appeal Nos. 1827 of 2003 to 1831 of 2003 and First Appeal Nos.1329 of 2004 to 1333 of 2004.
Mr. S. V. MORE, Assistant Government Pleader for State in First Appeal Nos.1832 012003 to 1836 of 2003 and First Appeal Nos. 1334 of 2004 to 1338 of 2004.
Ms. S. P. MANCHEKAR, Assistant Government Pleader for State in First Appeal Nos.1837 of 2003 to 1840 of 2003 and First Appeal Nos. 1339 of 2004 to 1342 of 2004.
Ms. S. V. GAJARE, Assistant Government Pleader for State in First Appeal Nos.1843 of 2003 to 1847 of 2003 and First appeal Nos.1345 of 2004 to 1349 of 2004.
Mr. S. R. SHINDE, Assistant Government Pleader for State in First Appeal Nos.1848 of 2003 to 1852 of 2003 and First Appeal Nos.1350 of 2004 to 1353 of 2004.
Mr. A. R. PATIL, Assistant Government Pleader for State in First Appeal Nos.IS53 of 2003 to 1857 of 2003 and First Appeal Nos. 1354 to 1357 of 2004.
Mr. D. P. ADSULE, Assistant Government Pleader lin State in First Appeal Nos.1858 of 2003 to 1860 01 2003 and First Appeal Nos.1358 of 2004 to 1359 of 2004 and Cross Objection No.27195 of 2005.
JUDGMENT
SWATANTER KUMAR, C.J.:- The State of Maharashtra through the Special Land Acquisition Officer (hereinafter referred to as SLAO). Upper Godavari Project. Karanjwan Dam, acquired the lands situated at village Malegaon and Sinnar. Taluka Sinnar. District Nashik by issuing notification under section 32(2) of the Maharashtra Industrial Development Act (hereinafter referred to as MID Act) on 9th February. 1989 for the public purpose. The land was sought to be acquired from the revenue estate of the village Sinner and Malegaon, Taluka Sinnar, District Nashik for Industrial Estate. Malegaon of MID project. In furtherance to the notification under section 32(2) which is at parity with the notification under section 4 of the Land Acquisition Act, the appropriate authority further issued notification under section 32(1) of the Act (equivalent to section 6 of the Land Acquisition Act, 1894) on 28th December, 1989. The SLAG after following the prescribed procedure vide his award dated 20th June, 1994 awarded different compensation to the owners of the lands while bifurcating the land into Jirayat, Bagayat and Pot-Kharaba. Following were the compensation awarded:
1. @ Rs,40,000/- to Rs,4
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