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2016 Supreme(Bom) 612

R.K.DESHPANDE
MAHARASHTRA STATE POWER GENERATION CO. LTD. , – Appellant
Versus
SHESHRAO BALIRAM INGOLE – Respondent


Advocates Appeared:
For the Petitioner: G. E. Moharir
For the Respondent: R. K. Maheshwari,Anand Parchure,M. M. Ekre

JUDGMENT :

In Land Acquisition Reference Case No. 28 of 1991, the Reference Court, acting under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"), has enhanced the compensation from Rs. 1,75,000/- to Rs. 9,25,650/- per hectare, after deducting the amount already paid to the respondent No. 1/claimant. Apart from this, the claimant is also held entitled to the statutory benefits consequently available in law. This first appeal has been preferred by the acquiring body, challenging the enhancement of compensation.

2. Shri Moharir, the learned counsel appearing for the appellant-acquiring body, has urged :

(1) that the matter be remanded back to the Reference Court, as the appellant was not permitted to file written statement and was not joined in the reference as party-respondent;

(2) that the reference should have been dismissed as barred by limitation; and

(3) that the Reference Court has committed an error in enhancing the compensation.

3. The points for determination are as under :

(a) Whether the matter is required to be remanded back to the Reference Court to provide an opportunity to the appellant to file written statement and further to participa












































































































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