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2021 Supreme(Bom) 540

A.S.CHANDURKAR, N.B.SURYAWANSHI
Executive Engineer – Appellant
Versus
Sukhdeo Narayan Tarate – Respondent


Advocates appeared:
Ms. I. P. Khisti, Advocate, for the Appellant / Shri S. V. Ingole, Advocate, Shri K. L. Dharmadhikari, Agp, for the Respondent.

JUDGMENT

N. B. Suryawanshi, J. - These two appeals filed under Section 54 of the Land Acquisition Act, 1894 (for short 'the said Act') challenge the judgment and award in reference L.A.C. No. 90/2010 passed by the Civil Judge Senior Division, Darwha, hence, they are decided by this common judgment.

2. Land Gat No. 11 admeasuring 4H 04R at Village Antargaon, Taluka Darwha, District Yavatmal was acquired by the Government for submergence area of Antargaon Project. Notification under Section 4 was published in the Government Gazette on 13-3-2008 and the award was declared on 30-10-2009. The Land Acquisition Officer (for short 'LAO') granted compensation at the rate of Rs. 1,03,500/- per Hectare for land and awarded total compensation of Rs. 6,70,400/- for fruit trees. The claimant filed reference under Section 18 of the said Act and claimed enhanced compensation of Rs. 1,72,05,000/-. The reference Court after considering the evidence granted enhanced compensation for the land at the rate of Rs. 2,30,070/- per Hectare and compensation of Rs. 57,517.50 was given for barren (potkharab) land

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