Ganibhai Idubhai Khilji vs State Of Maharashtra And Ors
2021 Latest Caselaw 15656 Bom

                                                          1                                    34.FA.591-1994.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                                  FIRST APPEAL NO. 591 OF 1994
                        ( Ganibhai Idubhai Khilji (dead) Thr. LR's
                                           Vs.
                            The State of Maharashtra & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. J.A. Malnas, Advocate for the Appellant/s.
                                  Mr. A.A. Madiwale, AGP for the Respondents/State.



                                  CORAM:         AVINASH G. GHAROTE, J.

                                  DATED :        29th OCTOBER, 2021.

                                                 Mr.     Malnas,          learned       counsel       for     the

appellant/s orally seeks permission to place on record the copy of the judgment passed by the reference Court dated 23.04.1993. Leave is granted, the same be placed on record.

2. Mr. Malnas, learned counsel for the appellant/s submits, that the question raised herein regarding enhancement of the compensation is covered by the judgment of this Court in Dattaram S/o Tatyaji Paul Vs The State of Maharashtra and others in First Appeal No.426/1996 dated 20.02.2019, wherein, the land from the same Village Mokh, Taluka Digras, District Yavatmal has been acquired under the notification dated 07.02.1986, the award is dated 29.07.1988 and the judgment of the reference Court dated 15.09.1995

2 34.FA.591-1994.odt

enhancing the compensation from Rs. 90,000/- which in First Appeal has been enhanced by this Court to Rs. 6,50,000/- per hectare. He submits, that as against this, the notification under Section 4 of the Land Acquisition Act in the present matter is dated 07.02.1986, the award is dated 29.07.1988 and the judgment of the reference Court dated 23.04.1993 and the extent of land is affected 3.24 HR. He therefore submits, that considering the similarities of date, the matter is squarely covered by the judgment in Dattaram S/o Tatyaji Paul (Supra).

3. Mr. Madiwale, learned AGP for the respondents however submits, that the similarity claimed will have to be verified from the judgment of the reference Court, which could only be done when the same shall be placed on record.

4. Mr. Malnas, learned counsel for the appellant/s is directed to file a copy of judgment of the reference Court on record with the advance copy to the learned AGP, who shall verify the position and make an appropriate statement to that effect.

5. List the matter on 17.11.2021.

JUDGE SD. Bhimte