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2022 Supreme(Bom) 2640

AVINASH G. GHAROTE
Rajendra Ambadas Kothekar – Appellant
Versus
Vidarbha Irrigation Development Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.B. Nakshane, Advocate
For the Respondent: Mr. M.A. Kadu, Ms. M.H. Deshmukh, Adv

JUDGMENT :

Heard Mr. Nakshane, learned counsel for the cross objector, Mr. Kadu, learned counsel for the respondent No.1 and Ms. Deshmukh, learned AGP for the respondent Nos.2 and 3/State.

2. The appeal challenges the judgment of the learned Reference Court dated 16.09.2011 in respect of agricultural land bearing Gat No.365/2 admeasuring 1.57 H.R. for Village Kolhi, on account of submergence in the Bembla River Project, a notification under Section 4 of the Land Acquisition Act, in respect of which, was issued in the Official Gazette for the State of Maharashtra on 05.06.2003. The award was passed on 22.09.2005, granting total compensation of Rs.65,920/- per hectare, which has been enhanced by the learned Reference Court by the judgment dated 16.09.2011 to Rs.1,70,000/- per hectare for agricultural land.

3. At the outset, it is necessary to note, that the appeal filed by the acquiring body against the judgment of the learned Reference Court, has been withdrawn by them.

4. Mr. Nakshane, learned counsel for the cross objector, has strongly relied upon the judgment of the learned Reference Court in L.A.C. No. 396/2007, Janardhan Maroti Sahare & Ors. Vs. The State of Maharashtra & Ors., wh

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