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2023 Supreme(Bom) 1902

SANDIPKUMAR C. MORE
Nujhatbegum Syed Wajir Ali – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
M.D. Narwadkar, Advocate, B.V. Virdhe, Advocate

JUDGMENT/ORDER

1. The appellants who are original claimants in L.A.R. No. 68 of 2002 (Old No. 135 of 1998) have challenged the judgment and award dtd. 6/1/2004 passed therein by the 1st Adhoc Additional District Judge, Biloli (hereinafter referred to as "the learned Reference Court") for enhancement of compensation. Under the impugned judgment the learned Reference Court has enhanced the compensation at the rate of Rs.80,000.00 per hectare from Rs.70,000.00 per hectare in respect of lands of the appellants under acquisition.

2. The backgrounds facts of the case are as follows :

The lands of the appellants bearing survey Nos. 308 and 310 of village Kundalwadi, Tq. Biloli, Dist. Nanded admeasuring 04H 60R were acquired for the purpose of resettlement foor afected persons. Possession of those lands was taken on 16/11/1990 whereas the notifcation under Sec. 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') was published on 10/12/1992. Thereafter, the notifcation under Sec. 6 of the Act was published on 18/5/1983, 24/5/1993 and fnally on 27/5/1993. The Special Land Acquisition Ofcer (for short, "the S.L.A.O.") under award dtd. 21/5/1996 granted compensation to the appellants/c

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