LAWS(BOM)-2008-9-44

RANBA S O SATTAJI Vs. STATE OF MAHARASHTRA

Decided On September 16, 2008
RANBA S/O. SATTAJI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This is an appeal preferred by the person who is dissatisfied with the order of apportionment of compensation passed under section 30 of the Land Acquisition Act by the learned Civil Judge, Senior Division, Nanded in L.A.R. No. 45 of 1987 decided on 31.07.1989.

(2.) In short it is case of appellant Ranba that Land Survey No. 51/1 situated at village Vasarni, Tal. & Dist. Nanded to the extent of 2 Hectares 54 R was acquired by the Government and notification under section 4 of the Land Acquisition Act was published, The final award was passed on 19.3.1987. Notices were issued under section 12(2) of the Land Acquisition Act to concerned land owners and original appellant Ranba and respondent No. 2 Pandu both filed their claim before the Land Acquisition Officer.

(3.) It is further case of original appellant Ranba that the Land Survey No. 51/1 was originally owned by Vamanrao Ghansham Naik. Ranba was declared as the protected tenant and purchaser under the provisions of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "H.T. 8s A.L. Act"). The certificate under section 38-E was issued in favour of appellant Ranba and as such appellant Ranba alone is entitled to the entire compensation amount of the acquired land.