GULABRAO NAMDEORAO MENKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the Parties.

(2.) THIS appeal is preferred against the award dated 29-8-1986 passed by the Court of Civil Judge, Senior Division, Yavatmal in Land Acquisiion Case No. 4/1982. The land of the appellant came to be acquired for construction of Pandharkawada - Wai Kathoda Road from village Wai, tahsil - Kelapur. A notification under section 4 of the Land Acquisition act came to be issued on 20-1-1982. It was also published in the local newspaper i. e. Indian Times on 26-1-1982. Subsequently a notification under section 6 of the Land Acquisition Act, came to be issued on 29-1-1983 and published in the newspaper on 17-3-1983. Under the said notification the land of the appellant - Gulabrao one of the co-sharers came to be acquired i. e. 58 R out of survey No. 18 and 50 R out of Survey No. 20, situated in village Wai, Tahsil - Pandharkawada, District Yavatmal. Notices under section 9 (1) and (2) of the Land Acquisition Act came to be published and under section 9 (3) and 9 (4) were served on the interested persons inviting their claims. The Special Land Acquisition Officer who was entrusted with the acquisition of the land for the said project declared award on 31-8-1983 in Land Acquisition Case No. 57/65/80-81.

(3.) AGGRIEVED by the said award, the appellant applied to the Collector that the matter be referred for determination of the Court, and this is how the Collector made Reference under section 18 of the Land Acquisition Act, 1894 to the Court of Civil Judge, Senior Division, Yavatmal.