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2008 Supreme(Bom) 1582

P.B.MAJMUDAR, R.P.SONDURBALDOTA
State of Maharashtra – Appellant
Versus
Ambya Kalya Mhatre, since deceased through his legal heirs – Respondent


Advocates appeared:
Geeta Mulekar, AGP for appellant.
Mr.S.G.Surana, adv. for respondents no.1/1 to 1/7.

JUDGMENT

1. By this appeal, the State of Maharashtra takes exception to the judgment and order dated 2nd May, 1991 passed by the District Court, Raigad on reference under Section 18 of Land Acquisition Act, 1894.

2. The land under reference has been acquired by the government for New Bombay Project. The compensation awarded by the Special Land Acquisition Officer, Metro Centre No.VI, Panvel for the land, trees and well are Rs.24,898.32p, Rs.83,629/and Rs.500/respectively. The possession of the land, trees and well was handed over to the Special Land Acquisition Officer on 9th September,1986 and the payment of compensation was made on 20th October, 1986. The respondents are the heirs and legal representatives of the original claimant Ambya. The original claimant was not satisfied with the compensation awarded by the Special Land Acquisition Officer. He claimed that the market value of the acquired land was at the rate of Rs.20/per sq.mtr. Therefore, he filed the reference under Section 18 of the Land Acquisition Act, 1894 for enhancement of the compensation payable. During pendency of the reference, the original claimant died and the present respondents were brought on record as his


















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