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2008 Supreme(Bom) 1501

S.A.BOBDE, SWATANTER KUMAR
Godavari Marathwada Patbandhare Vikas – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. T B Bhosale for the Appellant.
Mrs. S.S. Bhende, Assistant Government Pleader, for the State.
Mr. P N Joshi for the Claimants-Respondents.

JUDGMENT

SWATANTER KUMAR, J.

Godavari Marathwada Irrigation Development Corporation, a statutory body established under the provisions of Maharashtra Godavari Marathwada Irrigation Development Corporation Act No. 23 of 1998 (hereinafter referred to as the “Corporation”) has filed the present Appeal challenging the legality and correctness of the Order passed by the learned Single Judge dated 29th November 2005 dismissing the Writ Petition filed by the Corporation praying for setting aside of the Award made by the Special Land Acquisition Officer, Nashik (hereinafter referred to as the “SLAO”) in case of Proposal No. 30 of 1982 dated 20th September 2003 passed under Section 28A of the Land Acquisition Act, 1894. In the Writ Petition, the Corporation had also prayed in the alternative that if the application of the Claimant, Respondent No.2, is found to be within limitation, then the matter be remanded back to the Collector for disposal on merits after giving an opportunity of hearing to the Corporation.

2. The facts giving rise to the present Appeal fall in a very narrow compass. The Appropriate Government issued a Notification under Section 4 of the Land Acquisition Act, 1894 (herein

























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