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2022 Supreme(Bom) 2685

A. S. CHANDURKAR, M. W. CHANDWANI
Ramesh Bapurao Nikhade – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
R.G.Kavimandan, Advocate, S.S.Jachak, Advocate, M.M.Agnihotri, Advocate, P.B.Patil, Advocate, A.S.Deshpande, Advocate, Yash Maheshwari, Advocate, S.V.Bhutada, Advocate

JUDGMENT/ORDER

A.S.CHANDURKAR,J. - In Writ Petition Nos. 6595 & 6360 of 2013 & 6127 of 2014 a common challenge is raised to the award passed by the Special Land Acquisition Officer, Nagpur dtd. 26/3/1992 granting compensation towards acquisition of various lands from village Turakmari, Taluka Hingna, District Nagpur. According to the petitioners, since the said award dtd. 26/3/1992 was not signed by the Special Land Acquisition Officer, it has no force in the law and is thus void. In the alternate, enhancement in the amount of compensation determined in the said award is sought by urging that determination of the amount of compensation by the Reference Court makes such adjudication final in view of sec. 34(2) of the Maharashtra Industrial Development Act, 1961 (for short, the Act of 1961) and no appeal therefrom is maintainable. The petitioners thus seek to invoke Articles 226 and 227 of the Constitution of India for enhancement in the amount of compensation from what has been granted by the Reference Court. First Appeal No. 751 of 1996 has been preferred by the Maharashtra Industrial Development Corporation (for short, the MIDC) challenging the judgment and decree passed in L.A.C.

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