SWATANTER KUMAR, C.J. & S.C. DHARMADHIKARI, J.

The State of Maharashtra — Appellants

Versus

Yashwant Kahnu Shirsath — Respondent.

FIRST APPEAL NO. 896 OF 2005

IN, L.A.R . NO. 88 OF 1998, FIRST APPEAL NO. 940 OF 2005

IN, L.A.R . NO. 528 OF 1997

Judgment delivered on: July 19, 2007

Advocates appeared:

Mr. K.K. Tated, Assistant Government Pleader, for the appellants.

Mr. P.B. Shah for the respondent.

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

The above two appeals were taken as lead cases out of the bunch of 159 First Appeals listed together for hearing. Various learned counsel appearing for the respective parties advanced their arguments by referring to the evidence in these two cases. Thus, by this common judgment, we will dispose of all these appeals as they are based upon common evidence and on somewhat similar facts.

2. The facts necessary for disposal of these appeals are that the Special Land Acquisition Officer, exercising his powers on behalf of the Government, issued a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”), intending to acquire the land for the project of Mukane Dam from different village