AKKALKOT MUNICIPAL COUNCIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals have been filed against the judgment of the learned District Judge, Solapur, in a reference under section 18 of the Land Acquisition Act, 1984. The Appellant in Appeal No. 894 of 1996 is the acquiring body and the Appellants in First Appeal No. 1330 of 1996 are the claimants. The Appellants in First Appeal No. 894 of 1996 have challenged the judgment contending that the compensation granted by the trial Court is too high. The Appellants in First Appeal No. 1330 of 1996 have challenged the judgment on the ground that the trial Court ought to have granted their entire claim and not only a part thereof.

(2.) The Acquiring Body and the State Government, apart from contesting the merits of the claim have also contended that the reference was barred by the law of limitation. It is necessary therefore, to set out the facts leading to the reference. It is also necessary for us to set out certain facts which transpired thereafter as the same are also relevant on the question of limitation in the facts of the present case.

(3.) The land in question comprises of 5 hectares and 58 ares. The development plan of the acquiring body is dated 1-6-1973 and was published in the Government Gazette on 18-8-1973. The same came into effect on 13-10-1973. There was a notification under section 37 of the Maharashtra Regional and Town Planning Act regarding the modifications. The land was reserved for hospital staff quarters and road.