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2023 Supreme(Bom) 1735

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Executive Engineer – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
P.V. Diggikar, Advocate, P.B. Paithankar, Advocate, K.S. Patil, Advocate, S.S. Choudhari, Advocate

JUDGMENT/ORDER

VIBHA KANKANWADI, J. - Both the appeals are arising out of the judgment and award passed in Land Acquisition Reference Nos.497 of 2012 and 498 of 2012 by learned Civil Judge Senior Division, Osmanabad on 5/4/2014, thereby allowing the reference under Sec. 18 of the Land Acquisition Act filed by the present respondents.

2. We would like to say that the claimants have come with the case that they are the owners of land Survey No.154 admeasuring 1 H 47 R and Survey No.152 admeasuring 3 H 45 R respectively situated at village Shekapur, Taluka and District Osmanabad. The lands were acquired for construction of godown of then Maharashtra State Electricity Board. (for short "M.S.E.B.") The date of Notification under Sec. 4 of the Act was 15/9/1993, but prior to that the possession was taken by negotiation on 25/3/1992. The Special Land Acquisition Officer had passed the award on 25/6/1996, which was at the rate of Rs.240.00 per R and Rs.270.00 per R, however, the claimants felt dissatisfied with the said award passed by the Special Land Acquisition Officer and, therefore, they filed reference under Sec. 18 of the Land Acquisition Act.

3. In the petition, the petitioners conten

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