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2009 Supreme(Bom) 1290

VASANTI A.NAIK
State of Maharashtra – Appellant
Versus
Babhutsingh Dondusingh Rajput – Respondent


Advocates appeared:
Mrs. A. R.TAIWADE, AGP, for Appellants.
None for the Respondent.

JUDGMENT :-

By this appeal, the appellants challenge the judgment passed by the Joint Civil Judge, Senior Division, Buldana, on 21st February, 1991, in Land Acquisition Case No.30 of 1988, directing the State of Maharashtra to pay the amount of Rs.34,560/- to the respondent along with interest, solatium and costs.

2. Few facts giving rise to the appeal are stated thus;

The land of respondent was situated at village Urha and was acquired by the State of Maharashtra for construction of Vyagra Nala Project. Section 4 notification was issued on 10/2/1983. The land acquired admeasures 81 and 85 R. The Land Acquisition Officer granted total compensation of Rs.8000/- to the respondent/claimant. Being dissatisfied with the grant of meagre compensation, the respondent filed a Reference Application before the Collector, Buldana, who in turn referred the matter to the Joint Civil Judge, Senior Division, Buldana. The reference Court by order dated 21st January, 1991, enhanced the compensation and granted it at the rate of Rs.20,000/- per hectare. Thus an additional compensation at the rate of Rs.16,000/- per hectare was granted by the reference Court. The State has challenged the award, as, acco













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