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2022 Supreme(Bom) 74

SHRIKANT D.KULKARNI
Bhagwanrao S/o Balwantrao Patil Died through L. Rs. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Anand P. Bhandari, Advocate
For the Respondent:A.M. Phule, AGP and Ranjana D. Reddy, Advocate

JUDGMENT :

Shrikant D. Kulkarni, J.

1. Feeling aggrieved by the common judgment and award passed in L.A.R. No. 9 of 2001 with connected L.A.R. proceedings, the original claimant in L.A.R. No. 9 of 2001 has preferred this appeal for enhancement of compensation.

2. The brief facts of the appeal are as under:

2(i) The claimant Bhagwanrao was the owner and possessor of land Survey no. 267 admeasuring 11 Acres 30 Gunthas situated at village Shirur Tajband, Taluka Ahmedpur, District Latur. The respondent no. 1/State and respondent no. 4/M.S.1R.T.C. had acquired 3 Acres 12 Gunthas land out of land Survey no. 267 belonging to the original claimant Bhagwanrao for construction of S.T. Bust stand at Shirur Tajband.

2(ii) Respondent no. 1/State has published the notification under section 4 of the Land Acquisition Act, 1894 on 04.08.1977 for acquisition of 3 Acres 12 Gunthas land out of survey no. 267 and the S.L.A.O. passed the award under Section 11 of the Land Acquisition Act on 21.07.1980.

2(iii) According to the appellants, the acquired land was converted into non agricultural purpose vide permission in the year 1972, which was prior to the notification under Section 4. The acquired land was hi

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