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2021 Supreme(Bom) 1788

V.M.DESHPANDE
Executive Engineer – Appellant
Versus
Ashok S/o Panjabrao Pise – Respondent


Advocates appeared:
Amol B.Patil, Advocate, S.V.Ingole, Advocate, Shamsi Haider , Advocate

JUDGMENT

V.M.DESHPANDE, J.

1. This appeal filed by the Executive Engineer, Vidarbha Irrigation Development Corporation (VIDC), Bembla Project, Yavatmal and the cross-objection filed by claimants -Ashok Panjabrao Pise and two others, are being decided by this common judgment since these two proceedings arise out of the judgment and decree passed by the learned 1st Ad-hoc District Judge, Yavatmal in Land Acquisition Case No. 476/2003, dated 19/12/2006.

2. Heard Shri Amol B. Patil, learned counsel for appellantVIDC, Mr. S.V. Ingole, learned counsel for the respondents/claimants/ cross-objectors and Ms. Shamsi Haider, learned Assistant Government Pleader for the State authorities, in detail.

3. The facts giving rise to these two proceedings are in very short compass and those are detailed herein below :

4. The State of Maharashtra disclosed its intention to acquire various properties for public purpose for construction of Bembla project by publishing Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the LA Act " for the sake of brevity), on 4/2/1999. The notification under Sec. 6 of the L.A. Act to acquire the property of the crossobjectors, was las

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