KISHAM V CHINTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal from order is already admitted by this Court on 30th July 2012. At that stage, following order was passed.

(2.) It is submitted that in furtherance of N.A. order, measurement was carried out. As per that measurement, the non agricultural use was permitted and shown as 1365 sq.yds i.e. 11 gunthas and 3 Rs. viz., 11.35 Rs. The plaintiffs relied upon a map dated 30th December 1957. The allegation is that in terms of this N.A. order and the measurement of 1957, "Kami Jast Extract" was prepared showing the details of area of S. No. 70A/1/1 Hissa No. 13. The land admeasuring 0 Acre 11 gunthas and 3 aane i.e. 11.20 gunthas was separately shown as S. No. 70A/1/1B, a copy of this extract is also produced on record. In short the case is that S. No. 70A/1/1 was further divided into two parts namely 70A/1/1/13 and S. No. 70A/1/1B. That description was also given in the plaint at para. 4. The undisputed position emerging from the record is that the Dist Judge, Thane on 5th January 1988 sent a proposal for acquisition of land from Village Kalambe Taluka Shahapur for construction of Court Building and residential quarters. This application/proposal was forwarded by Additional Collector to Special Land Acquisition Officer with a direction to start acquisition proceedings under Land Acquisition Act, 1894.

(3.) I need not refer to in extenso to the notification under section 6 and the details pertaining thereto inasmuch as it is stated in the plaint itself that an award was made in respect of the land bearing S. No. 70A/1/1 Hissa No. 13 and the area of land under acquisition was declared as 83.77 Rs. There is a reference made by both parties to the Award dated 8th March 1992, a copy of which is produced on record.