The Executive Engineer (Civil) ... vs Dhananjay Vishwanath Bidve And ...
2021 Latest Caselaw 6089 Bom

                                         1                             11-FA-3537-19.odt



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                          FIRST APPEAL NO.3537 OF 2019

      THE EXECUTIVE ENGINEER (CIVIL) CIVIL DIVISION MSEDC LTD
                               VERSUS
              DHANANJAY VISHWANATH BIDVE AND ORS
                                  ...
            Advocate for Appellant : Mr. Avishkar S. Shelke
          Advocate for Respondent No.1 : Mr. Vikas G. Kodale
           AGP for Respondents No.2 and 3 : Mr. B. V. Virdhe
                                  ...

                                             CORAM : ANIL S. KILOR, J.

DATE : 5th APRIL, 2021 PER COURT :-

The only issue involved in this present appeal is about quantum. The challenge raised in this appeal is on the ground that the Reference Court has wrongly considered sale instance Exhibit-30, while arriving at the conclusion that the compensation @ Rs.7,800/- per R. is just and proper.

2. However, after going through the Judgment, it appears that the Reference Court has considered the old sale instance and considering 10% increase in price of the land per year, the Reference Court has observed that the price comes to Rs.21,600/- per R. If the said amount is considered, the amount which granted i.e. Rs.7,800/- per R. is much lesser than the amount determined on the basis of 10% yearly increase in the price of land. However, for fnal disposal of the present matter, record and proceedings is necessary.

3. The ofce is directed to call the record and proceeding within four weeks. Put up the matter after four weeks for further consideration.

( ANIL S. KILOR ) JUDGE rrd