The State Of Maharashtra vs Gopala Govinda Bharsat
2022 Latest Caselaw 11385 Bom

             Megha                                   224_fa_137_1997.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                FIRST APPEAL NO.137 OF 1997

              The State of Maharashtra through the
              Special Land Acquisition Officer,
              Irrigation No.II, Nashik.                            ...Appellant
                             Versus
             Gopala Govinda Bharsat since
             deceased through his legal heirs-
             1a. Smt. Hirabai Gopala Bharsat and
             Ors.                                           ...Respondents
                                                ...
             Mr. Y.Y. Dabke, AGP for the Appellant.
             Ms Bhavana Khemani i/b. Mr. Anil Ahuja for the Respondents.


                                      CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 10th NOVEMBER, 2022.

P.C. :-

1. The Appellant-State has filed this appeal challenging the

Judgment and Award dated 11/11/1992 in Land Reference No.254 of

1983. By the impugned judgment, the Reference Court has enhanced

the compensation from Rs.6,000/- to Rs.11,000/- per Hector.

2. Heard Mr. Dabke, learned AGP for the Appellant and Ms

Bhavana Khemani, learned counsel for the Respondents. Perused the

records and considered the submissions advanced by the learned Digitally signed by MEGHA MEGHA S PARAB S Date:

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 Megha                                       224_fa_137_1997.doc



counsel for the respective parties.

3. The Respondent was the owner of land Gat No.346 and 352

of village Ravalgaon. The Government had acquired land admeasuring

0.46 R from Gat No.346 and 1 Hector 21 R as well as pot kharab land

admeasuring 0.01 R from Gat No.352 for the purpose of construction

of 'Alandi Dam'. Notification under Section 4 was published on

17/02/1977 and award under Section 41 was declared on

21/07/1982. The land was classified as Jirayat land and the Land

Acquisition Officer awarded compensation of Rs.6,000/- per hector.

Being aggrieved by the quantum of compensation, the Respondent-

Claimant filed Reference under Section 18 of the Land Acquisition Act.

The Reference Court relied upon the previous Land Reference No.248

of 1984 and enhanced the compensation to Rs.11,000/- per Hector.

The total compensation payable to the Claimant is Rs.35,841/- with

further interest @ 9% per annum from the date of possession for a

period of one year and @ 15% per annum till date of final payment.

The compensation enhanced by the Reference Court is less than four

times the amount awarded by the Land Acquisition Officer. Hence, the

case is covered by Government Resolution dated 03/11/2016. Even

otherwise the enhanced compensation is based on judgment in

Megha 224_fa_137_1997.doc

previous Land Reference No.248 of 1984 in respect of the land

acquired from the same village and for the same purpose.

4. Considering the above facts and circumstances, I do not

find reasons to interfere with the impugned judgment. Hence, the

appeal is dismissed. The compensation deposited by the Appellant -

State be paid to the Respondents -Claimants.

(SMT. ANUJA PRABHUDESSAI, J.)