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1994 Supreme(Online)(Bom) 25

BOMBAY HIGH COURT
S. H. Kапра, J
Osman Khan and Another v. State of Maharashtra


Advocates:
For the Appellants/Petitioners: Shri Khader
For the Respondents: Shri K. B. Choudhary

1. This appeal arises out of the Land Acquisition Reference No. 66 of 1984 decided on 18-8-1987, by the 2nd Additional District Judge, Aurangabad.

2. The Appellants are the claimants. They have together 2/3rd share in the land forming part of CTS No. 19049/1 admeasuring 8809 sq. mts situated at Padampura, Aurangabad Railway Station, Aurangabad. The said land came to be acquired for the purpose of development of Railway road in Marathwada area to merge Meter Guage line passing from Manmad to Kachiguda through Aurangabad Centre into Broad Gauge line. The notification under S.4(1) of the Land Acquisition Act, 1984 (for short the Act) which was published in the Maharashtra Government Gazette on 21-1-1862 by applying the urgent clause. The notification under S.6 of the Act was issued on 23-3-1982 which was published in the Maharashtra Government Gazette on 8-4-1982. The Special L and Acquisition Officer passed the Award. on 23-2-1984. The Special Land Acquisition Officer valued the land virtually adopting a belting method for determination of the compensation. The total area under the plotting system came to be considered 6539 sq. mts. and its value was assessed at Rs. 6,90,990/-.
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