The State Of Maharashtra vs Krishna Rama Sud
2022 Latest Caselaw 7305 Bom

                                                                                     217 fa 736-95 .doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                              FIRST APPEAL NO. 736 OF 1995


                        The State of Maharashtra                           ..Appellant.

                                       v/s.

                        Krishna Rama Sud                                   ..Respondent

                        Mr. A.R.Patil, AGP for the Appellant-State.

                                                    CORAM : ANUJA PRABHUDESSAI, J.

DATED : 28th JULY, 2022.

P.C.

1. The Appellant State has challenged the judgment dated 17.03.1994

in Land Reference No.20 of 1992. By the impugned judgment, the

Reference Court has enhanced the compensation to Rs.800/- per Are

with other statutory benefits.

2. Heard learned AGP for the State. Perused the records.

3. The State had acquired the land from Village Chafeli, Taluka

Kudal. The State had acquired the land for Talamba Irrigation Project.

Notification under Section 4 was published on 28.04.1988. Notification

under Section 4 was published on 28.4.1988 and award was declared on

15.7.1991.

4. The Land Acquisition Officer classified the land in four groups on

the basis of assessment of land revenue and awarded compensation Digitally signed by PRASANNA P between Rs.85/- to 170/- per Are and Rs.2/- per Are in respect of pot PRASANNA P SALGAONKAR SALGAONKAR Date:

2022.08.01 15:50:24 +0530

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kharab land.

5. Being dissatisfied by the compensation, the claimants filed

Reference under Section 18 of the Land Acquisition Act. The

Reference Court has held that the LAO has determined the market rate

of the land on the basis of the assessment of land revenue which is held

to be not just and proper. The Reference Court has observed that there

were no sale transaction of Pulas and Chapeli on or about 28.4.1988.

The Reference Court relied upon the sale transaction at Exhibits 25, 56

and 27 in respect of adjacent villages at Bambarde, Bibavane and

Kerwada. Relying upon the sale deeds, the Reference Court held that

these sale deeds indicate that the price of the land in adjacent villages

was Rs.700/- to 800/- per Are in the year 1988. Based on these sale

deeds, the Reference Court has enhanced the compensation to Rs.800/-

per Are.

6. The genuineness of the sale deeds relied upon by the claimants

was not disputed. The sale instances were in respect of the land in the

adjacent village which was of similar nature, having similar advantages

and disadvantages. The amount enhanced by the Reference Court is

very meager. Considering this fact, and also considering the G.R. dated

3.11.2016, I am not inclined to interfere with the impugned judgment.

Appeal is dismissed.

P P SALGAONKAR                                                                           2 of 3
                                 217 fa 736-95 .doc

                 (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                             3 of 3