The respondent had challenged the Governments power to deduct 1/3rd companypensation.
The Land Acquisition officer in his award determined the companypensation at Rs.5,000/ per acre in respect of an extent of 7 acres 9 gunthas of land in Survey No.124 A situated in Airavali Village in Thane District of State of Maharashtra, but deducted 1/3rd towards the interest of the Government.
Thus this appeal by special leave.
W I T H CIVIL APPEAL NO.10421 OF 1995 Arising out of SLP C No.
The appellate companyrt companyfirmed the same.
On appeal, the High Court, while increasing the companypensation to Rs.6,000/ per acre, had directed payment of the deducted 1/3rd amount to the respondent by its judgment and decree dated 10.9.1976 made in F.A. No.574/70.
3746 of 1979 O R D E R A. NO.3009 OF 1983 The facts are very brief.
Notification under Section 4 1 of the land Acquisition Act, 1894 for short, the Act , acquiring land for a public purpose, namely, to establish Electricity Sub Station for the Maharashtra State Electricity Board as published in the State Gazetle on April 19, 1966.
LON 4767 H, directed deduction of 1/3rd of the market value of the land for the interest in such land held by the Government and that, therefore, the High Court was number justified in interfering with the order.
