Gunaji Mohanji Rathod vs The State Of Maharashtra Thorugh ...
2022 Latest Caselaw 12888 Bom

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

                                  First Appeal No.933/2022
                      Gunaji Rathod V The State of Mah. and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                      Court's or Judge's Orders
or directions and Registrar's orders.
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               Mr. N.Z. Mirza, Advocate for appellant.
               Mrs. Deshmukh, AGP for resp. nos.1 and 3.
               Mr. M.A. Kadu, Advocate for resp. no.2.

                                        CORAM : AVINASH G GHAROTE, J.

DATE : 12-12-2022

A statement is made by Mr Mirza, learned Counsel for the appellant that the appeal is covered by the Judgment of this Court in F.A. No.355/2018 (Ramrao Mhasaji Dantalwad Vs State of Maharashtra and others), decided on 10-12-2018, which is on the basis of F.A. No. 1151/08 (Nivrutti Hari Adagale Vs State of Maharashtra and others), decided on 04-07-2017 along with connected matters, which is from the neighbouring village Kurali, considering which, a compensation of Rs.83,000/- per HR for dry crop land has been awarded.

2. Mr. Kadu, learned Counsel for the Acquiring Body i.e respondent no.2 does not dispute this position and admits that the matter is covered by the judgment of this Court in Ramrao Mhasaji Dantalwad (Pg. 31), considering which, since the judgment in Ramrao Dantalwad was from the same village, for land acquired under the same notification, which position is not disputed, the same would

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be clearly covered, as against which the Reference Court grants a total compensation of Rs. 83,000/- per HR. It is, however, material to note that the judgment of the Reference Court (para 17) considers the sale instances of the same village just prior to the date of the notification under Section 4 which is dated 07-11-1996 and on that basis has granted the compensation.

3. Learned counsel for the appellant, therefore, seeks some time to find out a judgment which considers the sale instances and compensation.

4. List the matter on 19-12-2022.

JUDGE Deshmukh