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2021 Supreme(Bom) 1314

PUSHPA V.GANEDIWALA
Vithoba – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
A.D. Dangore, Advocate, for the Appellant / A.M. Kadukar, A.G.P. and M.A. Kadu, Advocate, for the Respondents

JUDGMENT

Pushpa V. Ganediwala, J. - Heard finally with the consent of learned counsel for both the parties.

2. Admit. Shri A.M. Kadukar, learned A.G.P. waives notice for respondent Nos. 1, 4 and 5. Shri Kadu, learned counsel, waives notice for respondent Nos. 2 and 3.

3. This Appeal is directed against the judgment and award dated 08/09/2017 passed by the Civil Judge, Senior Division, Bhandara in Land Acquisition Case No. 31/2007 whereby the learned Judge dismissed the reference filed by the appellant under Section 18 of the Land Acquisition Act, 1894 (“the Act”) mainly on the ground of bar of limitation. The appellant/claimant in this Appeal has raised the issue with regard to enhancement in compensation so also the finding with regard to bar of limitation.

4. Shortly stated the appellant was the owner of land situated at Gat No. 27 admeasuring 3.75 hectares at Village Kholapur, District Bhandara (hereinafter referred to as “subject land”). The subject land of the appellant came to be acquired by issuance of notification under Section 4 of the Act which was published in official gazette on 09/09/1988 for the submergence of Indira Gose Khurd Project. The date of notification under Sect

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