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2018 Supreme(Bom) 623

R.D.DHANUKA, SUNIL K.KOTWAL
City Industrial & Development Corporation Through its Administrator, CIDCO – Appellant
Versus
Sunil – Respondent


Advocates Appeared:
For the Appellants :A.S. Bajaj, Advocate.
For the Respondents:A.B. Kale, Advocate, M.A. Deshpande, A.G.P.

JUDGMENT :

R.D. DHANUKA, J.

1. By consent of parties, all three appeals were heard together and are being disposed of by a common order in view of the facts being identical and there being a common order passed by the Reference Court. Some of the relevant facts for the purpose of deciding these three appeals are arising out of the reference petition filed under section 18 of the Land Acquisition Act, 1894 are as under:

2. Insofar as First Appeal No.416 of 2000 is concerned, the same is filed against the order passed in Land Reference Application No.40 of 1997 before the learned Civil Judge, Senior Division at Aurangabad. It was the case of the respondent no.1, who was the original claimant that he was the owner and possessor of the land bearing survey no.15 at Garkheda to the extent of 2 Hectares and 49 R equivalent to 6 acres and 6 gunthas. The claimant was the Managing Partner of the “Land Mark Developers. Aurangabad”. It was the case of the claimant that the land in question which was owned by him was forming part and parcel of CIDCO area (New Aurangabad) and was within the local limits of Municipal Corporation, Aurangabad. The land in question was situated abutting Jalna Road in b























































































































































































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