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2015 Supreme(Bom) 344

ROSHAN DALVI
Special Land Acquisition Officer – Appellant
Versus
Commissioner of Gr. Mumbai – Respondent


Advocates:
Advocate Appeared:
Mr. Rajiv J. Mane, Addl. Govt. Pleader for SLAO
Mr. P.G. Lad with Mr. R.Y. Sirsikar for MCGM/Acquiring Body
Ms. R.C. Nichani Claimant

JUDGMENT:

1. This land acquisition reference is taken out under Section 18 of the Land Acquisition Act 1882 (LAR) for enhancement of compensation. The acquisition of land is not in dispute. It has been acquired for a Municipal retail market and for municipal housing. The compensation paid has been claimed to be inadequate by the claimant. The claimant would have to prove the inadequacy. The claimant has not led evidence of any sale instance in the vicinity during the period of acquisition. The claimant has led evidence on the inadequacy of the compensation granted. He would also contend that the land acquired on CTS No. 151 admeasuring 572.50 m² has been acquired of which is the owner and the entire land has not been taken into consideration for the payment of compensation. The acquiring body which is a municipality has also led evidence on the precise position of the land to show that the compensation which has been granted by the SLAO is adequate and sufficient. The case is entirely dependent upon oral evidence in view of the admitted position of the land, its situation, and the position of the facilities and amenities around the land. It would therefore have to be determined, tak

























































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