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2021 Supreme(Bom) 858

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Executive Engineer – Appellant
Versus
Chandrakant Jagpal Thakare – Respondent


Advocates appeared:
Shri Mangesh A. Kadu, Advocate, for the Appellant / Shri A.B. Nakshane, Advocate, Ms. T. Khan, Agp, for the Respondent.

JUDGMENT

Pushpa V Ganediwala, J. - Heard Shri Mangesh A. Kadu, learned counsel for the appellant, Shri A.B. Nakshane, learned counsel for the respondent Nos. 1 to 9 and Ms. T. Khan, learned Assistant Government Pleader for respondent Nos. 10 to 12.

2. This is an appeal preferred under Section 54 of the Land Acquisition Act, 1894. In this appeal, the appellant - the acquiring body challenges the judgment and award dated 22.07.2014 in Land Acquisition Case No. 27 of 1999 passed by the Court of Civil Judge, Senior Division, Yavatmal. In this award, the learned Reference Court enhanced the compensation @ Rs.376/- per square meter (@ Rs.35/- per square feet) after deducting 30% towards development purpose for Survey No. 63, admeasuring 5 Hectare and 34 R, situated at Village - Pratappur, Taluka - Babhulgaon, District -Yavatmal, along with all statutory benefits as permissible under law.

The facts leading to the filing of the present appeal are as under :

3. Respondent Nos. 1 to 9 (hereinafter referred to as the 'claimants') were the owners of land at Gat No. 63, admeasuring 5 Hectare and 34 R,

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