The State Of Maharashtra vs Vithabai Shankar Gangode
2022 Latest Caselaw 6383 Bom

                                                                                       911_fa_844_1995




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                                  FIRST APPEAL NO. 844 OF 1995


      The State of Maharashtra                                    ..Appellant
                   v/s.
      Vithabai Shankar Gangoda                                    ..Respondent


      Ms. Tanaya Goswami, AGP for the State.

                                          CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 6th JULY, 2022.

P.C.

1. Appellant -State has challenged the Judgment and Award dated

14.12.1993 in Land Reference No. 104 of 1985 dated 14.12.1993.

2. A Perusal of the record reveals that the land of the Respondent-

Claimant, admeasuring 18 R bearing Gat No. 116 situated at village

Waghad, Taluka Dindori, District Nashik was acquired by Government

for construction of Waghad dam. Notification under section 4 was issued

on 2.4.1981. The Land Acquisition Officer declared an Award on

1.8.1983 and granted compensation of Rs. 450/- at the rate of Rs. 250/-

per Hectare.

3. The applicant filed Reference under section 18 of the Land

Acquisition Act, claiming additional compensation of Rs. 1900/-. The

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911_fa_844_1995

Reference Court partly allowed the Reference and awarded compensation

of Rs. 900/-. The total compensation awarded is Rs.900/-. The Total

compensation awarded to the Respondent-Claimant including statutory

benefits and interest works out to Rs. 1859/-.

4. Considering the fact that the compensation awarded to

Respondent-Claimant is very meagre and also in view of the Circular

dated 3.11.2016, I am not inclined to interfere with the impugned

Judgment. Hence, the appeal is dismissed.

                                              (ANUJA PRABHUDESSAI, J.)




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