LAWS(BOM)-2008-8-44

MUNICIPAL CORPORATION Vs. STATE OF MAHARASHTRA

Decided On August 14, 2008
MUNICIPAL CORPORATION Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The petitioner (M.C.G.M. for short) have challenged the legality, validity of the award dated 30th August 2001 invoking Article 226 of the Constitution of India, to call and withdraw the award passed by the respondents 1, 2 and 3.

(2.) The matter has chequered history of litigation and several agreements between M.C.G.M. and the respondents 4 to 10 and 12 to 14 . The present controversy can be condensed as the main grievance of the petitioner M.C.G.M. is to the S.L.A.O. (respondent No. 3) following procedure of Ready Reckoner for valuation and assessment of the land under acquisition instead of collecting sale instances.

(3.) Section 50 of the Land Acquisition Act, 1894 contemplate powers to the local authority to appear and adduce the evidence for the purpose of determining the amount of compensation. However, no such local authority is entitled to demand a reference under section 18 of the Land Acquisition Act, 1894.