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2023 Supreme(Bom) 1007

URMILA JOSHI-PHALKE
Ganeshrao – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
S.G. Loney, Advocate, Shamsi Haider, Advocate, M.A. Kadu, Advocate, Shubhamkar Phadnis, Advocate, S.Y. Deopujari, Advocate

JUDGMENT

Urmila Joshi-Phalke, J. - By preferring this appeal, the appellant has challenged the common judgment passed in Land Acquisition Case No.144 of 2002 along with Land Acquisition Case No.141 of 2002, by which the land reference filed by the present appellant bearing Land Acquisition Case No.141 of 2002 came to be dismissed by judgment and order dated 24.07.2008 by the learned Civil Judge, Senior Division, Pusad, District Yevatmal on the ground that the appellant has not proved his ownership or his right to claim compensation.

2. As per the contentions of the appellant, Survey No.34/1B admeasuring 1.83 H.R. situated at village Dongargaon, Taluka Mahagaon, District Yevatmal is originally owned by Smt. Parvatabai Shankarrao Deshmukh and Smt. Mankarnabai Taterao Deshmukh. They both entered into an agreement with the present appellant and agreed to sell the said survey number to the present appellant. Since the date of the agreement the present appellant-Ganeshrao Deshmukh is in possession of the said land. Before execution of the sale-deed, the land was acquired by the Government vide Land Acquisition Case No.34/47/96-97 for Jam Nala Project. Accordingly, award was declared on 19.

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