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2021 Supreme(Bom) 1548

A.S.CHANDURKAR, G.A.SANAP
Executive Engineer Bembla Project Division – Appellant
Versus
Manik Panjabrao Kalmegh – Respondent


Advocates appeared:
M.A. Kadu, Advocate, Kalyan Chiwarkar, Advocate, Anand Parchure, Advocate, A.S. Fulzele, Advocate

JUDGMENT

G. A. Sanap, J. - In this appeal, the appellants have challenged the Judgment and award passed by the learned Civil Judge, Senior Division, Yavatmal in LAC No.613/2005 decided on 04/04/2015 and corrected by order dated 05/08/2015 in MJC No.61/2015, whereby the learned Judge enhanced the amount of compensation awarded by the Special Land Acquisition Officer (SLAO).

The respondent No.1 filed the Cross-Objection No.65/2017 being aggrieved by the Judgment and award refusing the claim for enhanced compensation in entirety.

The facts leading to the filing of this appeal and the Cross-Objection are as follows :-

2. The appellant No.2 is the Acquiring Body. The appellant No.1 is the Executive Engineer, Bembla Project, Yavatmal. The respondent No.1 is the original applicant. The respondent No.2 is the State. The respondent No.3 is the Special Land Acquisition Officer. The respondent No.1 owned the land bearing Survey No.14 admeasuring 4.32 HR, Survey No.15 admeasuring 1.40 HR and land bearing Survey No.17 admeasuring 5.87 HR situated at village Barad, Tq. Babhulgaon, Dist. Yavatmal. The lands were acquired for construction of Bembla Project. The notification under Section 4 of the Land

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