STATE OF MAHARASHTRA Vs. DNYANESHWAR KISANRAO PHADTARE

JUDGEMENT

(1.) By this judgment, we are disposing of ten First Appeals filed by the State of Maharashtra against the judgment and Award dated 9th August 1999 passed by the 4th Joint Civil Judge, Senior Division, Pune, in Land Reference Nos. 431 of 1993. By the said Judgment, the Reference Court had disposed of nine Land References, namely, Land Acquisition Reference Nos. 434 of 1993, 425 of 1993, 427 of 1993, 428 of 1993, 429 of 1993, 432 of 1993, 433 of 1993, 434 of 1993 and 436 of 1993.

(2.) Civil Application No. 3131 of 2004 is filed in First Appeal No. 488 of 2000 for bringing on record the legal heirs of Claimant. There is no opposition. Hence, Civil Application allowed. Necessary steps be taken for bringing the legal heirs on record. Civil Application is disposed of accordingly.

(3.) The Appropriate Government issued a Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on 27th July 1988 declaring its intent to acquire nearly 182 Hectares and 98 Ares of land falling in the revenue estate of the village Koregaon Bhima, Taluka Shirur, District Pune. The land was sought to be acquired for a public purpose, namely, "Rehabilitation of Chasakman Project Affected Persons". Last of the Notification was published on 10th October 1988, while the same was published in the newspaper on 3rd October, 1988. However, Corrigendum to the Notification was issued on 8th/9th September, 1989, which Corrigendum was published in Official Gazette on 5th October, 1989. After issuance of declaration under section 6 of the Act and following the prescribed procedure of law, the Special Land Acquisition Officer (SLAO) made his Award under section 11 of the Act on 28th February, 1991. While categorizing the land into different groups, the said Officer awarded following compensation :