2013 Supreme(Bom) 2004
A.S.OKA, G.S.PATEL
Divisional Controller, MSRTC, Nashik – Appellant
Versus
Nashik Panchwati Panjrapol Trust – Respondent
Advocates Appeared:
Mr. G.S. HEGDE for the appellant.
Mr. J.H. AHUJA for the respondent No.1.
Mr. A.R. PATIL, AGP for the respondent No.2.
JUDGMENT :- By this appeal, an exception has been taken to the Judgment and Award dated 30th may 2001 passed by the learned Joint District Judge, Nashik in a reference under section 18 of the Land Acquisition Act (hereinafter referred to as "the said Act"). The acquisition relates to land bearing Gat No.287/ A-2 totally admeasuring 2 Hectares (for short "the acquired land") situated at Nashik, Taluka and District Nashik. A notification under section 4 of the said Act in respect of the acquired land was published in the Government Gazette on 17th October 1990. The notification under section 4 was lastly published on village Chawdi on 22nd November 1990. Award under section 11 of the said Act was made on 22nd January 1993. The Special Land Acquisition Officer fixed the market value at the rate of Rs.150/- per square meter. Other statutory benefits were granted under the said award. A reference under section 18 of the said Act was made at the instance of the first respondent-claimant. In the reference, the market value of the acquired land was claimed at Rs.1000/- per square meter. Additional compensation was sought in respect of the trees as well as iron angles and wires. Compensatio
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