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2023 Supreme(Bom) 2122

G. A. SANAP
Vidarbha Irrigation Development Corporation – Appellant
Versus
Chunnilal Ghashiram Kubre – Respondent


Advocates appeared:
Vinay Dahat, Advocate, S.G.Varshani, Advocate, M.A.Kadu, Advocate

JUDGMENT/ORDER

1. Heard finally.

2. This appeal and cross objection arises out of the judgment and award passed by the learned Adhoc District Judge-2, Washim (For short 'the Reference Court') dtd. 21/6/2011 and therefore the same are being disposed of by common judgment. The Reference Court by the impugned judgment and award enhanced the compensation in respect of land from Rs.23, 000.00 per hectare to Rs.2, 00, 000.00 per hectare and further directed to pay compensation at the rate of Rs.2000.00 per tree in respect of 96 orange trees.

3. Background facts: In First appeal, Respondent No.1- Chunnilal Ghashiram Kubre (deceased) is the original claimant. During the pendency of the land acquisition case he died and his legal heirs were brought on record. Therefore, legal heirs of respondent No.1 are hereinafter referred to as 'the claimants'. The land admeasuring 1.38 H.R. from Survey No. 126 situated at Mouza Waigaul, Tal Manora, District Washim was acquired for the purpose of Waigaul Dam Project. The notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred as 'the Act of 1894, ) was published on 30/4/1998. After completion of the required procedure, the Specia

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