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2021 Supreme(Bom) 405

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Agricultural Produce Market Committee – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri S.P.Dharmadhikari, Senior Advocate with Shri Vandan M. Gadkari, Advocate
For the Respondent:Shri Amit Chutke, Shri M.G.Bhangde, Senior Advocate with Shri A.M.Qazi, Advocate

JUDGMENT :

A.S.Chandurkar, J.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties in both the writ petitions at length.

2. Land bearing Survey No.94 at Chikhali, Taluka and District Nagpur admeasuring about 9.56 acres which is owned by the petitioners in Writ Petition No.5492/2019-land owners is the subject matter of the present proceedings. In 1981 the Nagpur Improvement Trust agreed to allot 126 acres of land towards Kalmana Market Project to the Agricultural Produce Market Committee, Nagpur which is the petitioner in Writ Petition No.5351/2019-Market Committee. From the total area of about 126 acres, the Market Committee received possession of 110.88 acres of land while the possession of the remaining land admeasuring 15.27 acres remained to be delivered. According to the Market Committee, a proposal dated 26.07.2003 was given by the land owners to the Market Committee by which the said land was offered to the Market Committee at the rate of Rs. Five lakhs per acre. Resolution to that effect was passed by the Market Committee resolving that land admeasuring 9.56 acres would be acquired at Rs. Five lakhs per acre and 5.81 acres land would be permitted

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