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2009 Supreme(Bom) 733

B.H.MARLAPALLE, S.J.VAZIFDAR
Shalini Vaman Godbole – Appellant
Versus
Special Land Acquisition Officer, Special Unit, Solapur – Respondent


Advocates Appeared:
For the Appellants:V.Z. Kankaria, Advocate. For the Respondents:Nitin Jamdar, P.B. Shah, A.J. Joshi, Advocates, A.R. Patil, AGP.

Judgment :-

B.H. Marlapalle, J.

1] All these appeals filed under Section 54 of the Land Acquisition Act, 1894 arise from the common award dated 29/4/1995 rendered by the learned Civil Judge, S.D. at Solapur in L.A.R. Nos. 64 and 65 of 1992. First Appeal No. 182 of 1996 has been filed by one of the claimants in LAR No. 65 of 1992 praying for further enhancement in the market rate as well as for building/structures and severance. Whereas the Solapur Municipal Corporation has filed First Appeal Nos. 471 of 1996 and 212 of 1997 challenging the market rate fixed at Rs.600/per sq. mtr. by the Reference Court and similar challenge has been raised by the State Government in First Appeal Nos. 678 and 679 of 1996. Hence, these appeals are being decided by this common judgment.

2] Shri Daji Umbrajkar was the owner of agricultural land in Survey No. 464, which subsequently became a part of the Municipal limits of Solapur. The said land was granted by Shri Daji Umbrajkar to Shri Ganesh Mate in the year 1875, on the condition that he would construct a Shiva Temple and would pay rent equal to the land revenue. Shri Daji Umbrajkar died shortly after the permanent lease was made in favour of Shri G


































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