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2001 DIGILAW 351 (SC)

Spl. Land Acquisition Officer v. Abdul Razak Gudusaheb Shaikh (Dead) by LRs.

2001-02-13

A.P.MISRA, S.N.VARIAVA

body2001
JUDGMENT : 1. The present appeal is directed as against the High Court order dated 9th February, 1994 wherein the claimants' enhanced claim towards compensation under the land acquisition proceedings was upheld. 2. The Land Acquisition Officer fixed the compensation @ Rs. 4,000/- per acre. The Referring Court, based on Exhibit B-2 fixed it @ Rs. 1,500/- per gunta. The High Court relying on M.F.A. Nos. 954 and 955 of 1988 fixed it @ Rs. 900/- per gunta. The Special Land Acquisition Officer filed the present appeal challenging the said enhancement. This Court in Special 1995 Supp. (2) 168 has set aside the judgment and order dated 29th March, 1993 passed by the High Court in the aforesaid M.F.A. which has been relied upon in the present case, consequently this Court quashed the impugned order of fixation of compensation by the High Court and affirmed that what was made under the Award given by the Land Acquisition Officer. 3. In view of this, the present appeal also succeeds. The impugned order of the High Court is hereby quashed and the Award given by the Land Acquisition Officer is affirmed. The appeal is allowed. Costs on the parties.