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2017 Supreme(Bom) 404

A.S.CHANDURKAR
Motiram Zingar Wawre – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs. Vandana Chitnavis, Adv.
For the Respondent: Mr. M.A. Kadu, Asstt., Mr. S.G. Jagtap, Adv.

JUDGMENT :

1. The question that arises for adjudication in these Civil Revision Applications filed under Section 18 (3) of the Land Acquisition Act, 1894 (for short, “the said Act”) is:-

Whether the claimants would be precluded from pursuing proceedings for enhancement in the amount of compensation under Section 18 (1) of the said Act on the ground that they had received some amounts under the Rehabilitation Package of the State Government?

2. The facts in all these revision applications are similar and for sake of convenience reference is made to the facts in Civil Revision Application No. 113 of 2015. The lands of the applicant came to be acquired pursuant to Award dated 10th February, 2001 that was passed by the Special Land Acquisition Officer. The lands in question were acquired for the Gosekhurd Irrigation Project. After issuing notice under Section 12 (2) of the said Act, the applicant received the amount of compensation. Thereafter, reference proceedings were filed within a period of six weeks from the date of receipt of notice under Section 12 (2) of the said Act. In the meanwhile, on 18th June, 2013, the State Government took a decision to grant compensation under the Rehabi


















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