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2012 Supreme(Bom) 759

A.M.KHANWILKAR, N.M.JAMDAR
Digvijay Graharachana Mandal Solapur through its President Mamoddin Chandsaheb Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellants: Anand Patil Asst.Government Pleader.
For the Respondents:Dr. Ramdas Sabban a/w D.G. Dhanure, Advocates.

Judgment :-

N.M. Jamdar, J.

1. These two Appeals arising from the Land Acquisition proceedings, challenge the Judgment and order passed by the Additional District Judge,Solapur in L.A.R.No.176 of 1996 dated 9th January, 2003. The First Appeal No.751 of 2003 is filed by the claimants challenging the judgment and the order on the ground that the compensation granted is inadequate, while the First Appeal No.1392 of 2004 is filed by the State of Maharashtra challenging the judgment and award on the ground that the compensation granted is excessive. Since the issues raised in both these appeals are connected, they are disposed of by this common judgment.

2. The property under acquisition i.e. C.T.S.No.617 1B admeasures 9469.33 sq.mts and is situated at Siddeshwar Peth, Solapur, within the limits of Solapur Municipal Corporation. The property was reserved for he purpose of Extension of Civil Hospital in the Development Plan of Solapur city, since the year 1978.

3. The said property was purchased by the claimants on 30.10.1988. As the property was reserved under the development plan, a notification under section 6 of the Land Acquisition Act read with section 126 (4) of the Maharashtra Reg



































































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