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2022 Supreme(Bom) 1081

SUNIL B.SHUKRE, G.A.SANAP
Vijayadevi Navalkishore Bhartia – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri R. L. Khapre, Sr. Advocate a/b. Shri R. B. Agrawal, Advocate
For the Respondent: Shri I. J. Damle, Asst. Govt. Pleader

JUDGMENT :

G. A. Sanap, J.

1. Both these appeals arise out of Judgment and Order dated 10.08.2006 passed by learned Ad-hoc Additional District Judge, Akola in Land Acquisition Case No. 209 of 2002 and therefore, both these appeals are being disposed of by common judgment. First Appeal No. 643 of 2006 is filed by the claimants. First appeal No. 541 of 2007 is filed by the State of Maharashtra through Collector/Special Land Acquisition Officer, Akola. The learned Ad-hoc Additional District Judge, Akola partly allowed the Land Acquisition Case/Reference and enhanced the compensation @ of Rs.100/- per Sq. ft. for the plot area admeasuring 359684.44 Sq.ft., @ Rs.50/- per sq.ft for open belt area, admeasuring 108501.12 sq.ft and @ Rs.25/- per sq.ft. for the plot area in balance created due to division, admeasuring 28809.84 sq.ft, with consequential benefits.

2. The facts leading to the appeals are as follows:-

In the judgment for the purpose of convenience the parties would be referred by their nomenclature as mentioned in the judgment of the trial Court. The land bearing survey Nos. 6,

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