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1996 Supreme(MP) 142

S.C.AGRAWAL, G.T.NANAVATI
Surendra Kumar – Appellant
Versus
Phoolchand – Respondent


JUDGMENT

G.T. Nanavati -- 1. This appeal is directed against the Judgment of the Madhya Pradesh High Court in a proceeding under section 30 of the Land Acquisition Act (hereinafter referred to as 'the Act'). A property measuring 25.12 acres appertaining to survey Nos. 70 and 71 in village Narwal in the District Indore had been purchased from one Mithulal under a registered Sale Deed in the year 1961 in the name of appellant Surendra Kumar by grand father Chhogalal as guardian. The said property was acquired for the industrial area Indore and the Land Acquisition Collector passed an award on 5.3.1966 under Section 11 of the Act and compensation of Rs. 99,373/- was granted to the appellant. Subsequent to the passing of the award the respondents appeared before the Land Acquisition Collector and claimed that the property in question is joint family property and they are entitled to share in it. Dispute having arisen to the apportionment of the compensation. The Land Acquisition Collector referred the dispute for the decision to the Court under section 30 of the Act. Before the Ld. Additional District Judge it was contended on behalf of the appellant that the land in question has been p








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