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2022 Supreme(Bom) 692

V. G. BISHT
Executive Engineer Minor Irrigation Division, Washim, Dist. Washim – Appellant
Versus
Baban Ganpat Jumbade – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ujjwala Arun Patil, Advocate.
For the Respondents:Vijay K. Paliwal, Advocate, A.M. Kadukar, AGP.
For the Intervenors :S.D. Chande, Advocate.

JUDGMENT :

1. In these Appeals filed under Section 54 of the Land Acquisition Act, 1894 (for short, “the said Act”), the judgments and awards dated 9th March, 2010 and 6th April, 2010 passed by learned Civil Judge (Senior Division), Washim in Land Acquisition Nos. 28 of 2003 and 26 of 2003 respectively are under challenge.

2. These Appeals are disposed of by a common judgment as the appellants and the respondents are same and moreover, the subject lands are from the same village.

FIRST APPEAL NO. 1154 OF 2015

3. Brief facts are as under :

    (a) The land bearing Gat No. 56/5 area 1H 62R situated at village -Kurha, Taluka -Risod, District -Washim was the subject land of acquisition for the construction of Mandwa Dam. The notification under Section 4 (1) of the said Act was published on 17th May, 1998.

(b) The Land Acquisition Officer passed an Award on 16th July, 2001 and fixed the market price of the acquired land at the rate of Rs. 34,992/- for the said acquired land admeasuring 1H 62R. However, at the time of acquisition, the Land Acquisition Officer did not consider the standing timber trees and did not grant any benefits.

(c) The claimant not being satisfied with the Award as passed, fil

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