LAWS(BOM)-2008-8-39

MURLIDHAR BHIMRAOJI SABLE Vs. STATE OF MAHARASHTRA

Decided On August 12, 2008
MURLIDHAR S/O. BHIMRAOJI SABLE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellants challenge the judgment and order passed by Joint Civil Judge, Senior Division, in Land Acquisition Case No. 110/97, dated 17th July, 2003, by which he dismissed the reference of the appellants under Section 18 of the Land Acquisition Act.

(2.) Part of the land of the appellants from P.H.No. 36-A, Tahsil Narkhed, District Nagpur, of village Ambada, Kh. No. 164 and 165/2 was acquired for construction of the road. Special Land Acquisition Officer (SLAO for short) declared his award on 15.09.1995. The compensation accorded by SLAO was accepted by the appellants under protest. According to the appellants, the SLAO did not value the land properly and did not award the compensation as per prevailing market price in that locality.

(3.) The respondent - State of Maharashtra resisted the reference. The respondent denied all the assertions made by the appellants. The fact that the reference was within limitation was denied.