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1996 Supreme(P&H) 1337

K.RAMASWAMY, G.B.PATTANAIK
Union of India – Appellant
Versus
Special Land Acquisition Officer – Respondent


Advocates Appeared:
For the Petitioners:Mr. Altaf Ahmed, Additional Solicitor General, Mr. N. Goswami, Sr. Advocate, Mr. A.D.N. Rao and Mrs. Anil Katiyar, Advocates.

ORDER

K. Ramaswamy, J. - Admittedly, the petitioner is in possession of land admeasuring about 848.67 sq.mtrs. being plot No. 53-A of scheme No. 52, Worli Estate in Greater Bombay as a tenant. The landlady, Mrs. Jerbanoo Khurshad Jehangir Cursetji and her husband Dr. K.J. Khurshad filed a writ petition in the High Court for a direction whether the petitioner would acquire the land or surrender possession to them so that they would develop the land on their own accord. In the Writ Petition No. 1733/94, the High Court had directed by order dated August 16, 1994 to take a decision whether the petitioner would proceed with the acquisition. In that event, direction was given to the Collector to take necessary action for acquiring the land within four months from the date of the said order. Accordingly, notification came to be published under the Land Acquisition Act, 1894 on February 23, 1995 and award enquiry was conducted. The Land Acquisition Officer in his award dated May 30, 1995 determined the compensation at the rate of Rs. 8300/- per sq. ft. for the land in question and determined the total compensation at Rs. 7,57,92,954/- along with other compensation for other lands with which




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