The State Of Maharashtra And Ors vs Bhimrao Laxman Makasare And Anr
2021 Latest Caselaw 1296 Bom

                                         (1)                              fa2425.20

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                      939 FIRST APPEAL NO.2425 OF 2020
                      THE STATE OF MAHARASHTRA AND ORS
                                    VERSUS
                       BHIMRAO LAXMAN MAKASARE AND ANR

Mr.A.A. Jagatkar, AGP for appellant-State.

                                     CORAM :    V.L.ACHLIYA,J.
                                     DATED :    19.01.2021
P.C. :-

01.             On due consideration of submissions advanced and
in the light of challenge raised in the appeal, I am of
the view that the appeal deserves to be admitted.                                 It is
contended that the compensation assessed @ Rs.660/- per R
has been enhanced to Rs.5460/- per R by the Reference
Court without any evidence to justify the enhancement. It
is further submitted that no comparable sale instance of
the similarly situated land belonging to same village has
been tendered in evidence.                 Based upon sale instance of
land      from       different       village,   having      no     bearing           upon
decision of the Reference Court, compensation has been
enhanced to tune of about 8-9 times the compensation
assessed and awarded by the SLAO.                      Similarly, interest
has been awarded from the date of notification, which is
contrary to Full Bench Judgment of this Court in the case
of State of Maharashtra Vs. Kailash Shiva Rangari, 2016
(3) Mh.L.J.457.




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                                         (2)                            fa2425.20



02.             Considering the challenge raised in the appeal,
following order is passed :-


                                     O R D E R

i) Admit.

ii) Issue notice to the respondents, returnable on 23.03.2021.

iii) Call for record and proceedings

[V.L.ACHLIYA,J.] snk/2021/JAN21/fa2425.20