RAMJAS RAMRAJ UPADHYAY Vs. BOMBAY TELEPHONE

JUDGEMENT

(1.) ). THIS is a reference under section 18 of the Land Acquisition Act, 1894 (hereinafter the said Act ). The acquisition was pursuant to a proposal made by a Divisional Engineer, Phones (P.), Bombay Telephones by his letter dated 17-5-1974 to acquire various parcels of land for the public purpose of staff quarters of Bombay Telephones i. e. for the Government of india, Post and Telegraph Department.

(2.) PURSUANT thereto, the said parcels of land were notified for acquisition under section 4 of the Land Acquisition Act. The notice under section 4 dated 21-2-1977 was published on 3-3-1977. The notification under section 6 of the Act was issued by the Commissioner on 24-2-1980 and the same was published in the Maharashtra Government Gazette, Part 1 dated 28-2-1998. One of the parcels of land in C. T. S. No. 404/survey No. 57/3 is the subject matter of the present reference.

(3.) THREE questions were raised before me by Counsel appearing on behalf of the claimant, the S. L. A. O. and the acquiring body. They pertained to the title of the claimant to the said land, the valuation of the said land and the area thereof. I will deal with each of these aspects separately. TITLE