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2022 Supreme(Bom) 1407

A.S.CHANDURKAR, M.S.JAWALKAR
Agriculture Produce Market – Appellant
Versus
Ramesh Marotrao Deulkar (dead) – Respondent


Advocates appeared:
Kapil V. Deshmukh, Advocate, Shakil V.Deshmukh, Advocate, A. B. Nakshane, Advocate, H. N. Jaipurkar, Advocate

JUDGMENT

a. S. Chandurkar, J. - This appeal filed under Section 54 of the Land acquisition act, 1894 (for short, the said act) read with Section 96 of the Code of Civil Procedure, 1908 raises challenge to the judgment of the Reference Court dated 03/05/2017 in LaC No.127/2007. The enhancement granted in the amount of compensation in proceedings under Section 18 of the said act filed by the respondents has been challenged by the beneficiaries of the acquisition proceedings.

2. Gat No.60 admeasuring 2H 32R situated at mouja Nandura Tal. Babhulgaon, Dist. Yavatmal was the subject matter of acquisition since land was required by the agricultural Produce Market Committee, Babhulgaon. Notification under Section 4 of the said act was issued on 17/06/2004. The Land acquisition Officer passed his award on 16/06/2006 and awarded compensation of Rs.1,04,000/- per hectare. The land owners being dissatisfied with the quantum of compensation filed reference proceedings under Section 18 of the said act. The reference Court after considering the evidence led by the parties by its award dated 03/05/2017 enhanced the amount of compensation to Rs.603/- per square meter. This enhancement has been challe

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