A. P. LAVANDE, J.:- Heard Mr. Agnihotri, learned counsel for the appellant, Mr. Tiwari, learned counsel for respondent no. 1, Mrs. Wandile, learned AGP for respondents 2 and 3 and Mr. Palshikar, learned counsel for respondent no.4.

2. By this appeal, the appellant takes exception to the judgment and order dated 21.12.2006 passed by learned Single Judge in Writ Petition No. 159112006 setting aside the order dated 29.9.2005 passed by 3rd Joint Civil Judge, Senior Division, Nagpur in Land Acquisition Case No. 196/2000.

3. Briefly, the facts leading to filing of the present appeal are as under :-

By Notification issued under Section 4 of the Land Acquisition Act, 1894 ("the Act" for short) which was published in the official gazette dated 19.3.1998, State of Maharashtra acquired lands for the public purpose. The land bearing Survey No.107 situated at mouza Chikhali Nalha belonging to the appellant was part of the acquired land. Respondent no.3 Special Land Acquisition Officer passed award dated 6.7.1999. The appellant sought reference under Section 18 of the Act vide application dated 11.1.2000 seeking higher compensation. On 23.4.2003 respondent no.1 filed an application under Order

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