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2022 Supreme(Bom) 2029

M. S. JAWALKAR
Ashok S/o Sukhlal Marathe – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri S.V. Sohoni, Advocate for the appellants, for the Appellant; Shri S.A. Ashirgade, A.G.P. for the respondent No.1, Shri G.E. Moharir, Advocate for respondent No.2

JUDGMENT

1. Heard learned Counsel for the appellants, learned A.G.P. for respondent No.1 and learned Counsel for the respondent No.2.

2. Being aggrieved by the judgment and decree dated 25/09/2019 by 3rd Joint Civil Judge Senior Division, Akola in Land Acquisition reference Nos. 09/2015, 10/2015, 11/2015 and 12/2015, the present appeals are filed by the appellant. Relevant facts can be summarized as under:

3. The appellants were owners of field survey Nos.5, 20/1, 18/1 and 18/1-A, admeasuring 1.50 HR, 4.21hr, 4.3 HR and 4.3 HR of lands respectively situated at Batwadi Bk., Taluka Balapur, Dist. Akola. The Government has acquired 1.50 HR, 1.46 HR, 2.56 HR and 1.22 HR lands out of these land. The respondents have acquired this land as the same was coming under submergence while expansion of dam for construction of plant for respondent No.2. Notification under Section 4 of the Land Acquisition Act (hereinafter referred as 'the Act') was published on 24/07/2008. Final Notification under Section 4(1) of the Act was published on 15/12/2008. Notification under Section 6 was issued on 12/03/2009. Award was passed on 28/05/2010 awarding compensation @ Rs.99,000/- per hectare.

4. The appellants

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