Ahe State Of Maharashtra vs Pandit Dagu Bhalerao And Ors
2022 Latest Caselaw 11535 Bom

P.H. Jayani                                       911 FA663.1997.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO. 663 OF 1997

The State of Maharashtra                         .... Appellant
           v/s.
Dagu Namdeo Bhalerao (deceased) :
Pandit Dagu Bhalerao and ors.                    .... Respondents

Ms. Tanaya Goswami, AGP for the State.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th NOVEMBER, 2022.

P. C. :-

. The Appellant - State has challenged the judgment and award

dated 04/01/1996 passed by the Joint District Judge, Nashik in Land

Reference No.134/1989.

2. The brief facts necessary to decide this Appeal are as under :-

The State Government had acquired land admeasuring 11R from Gat

No.1991 of Village Vadner Bhairav for the purpose of construction of

Ozarkhed Left Bank Canal. The notice under section 4(1) of the Land

Acquisition Act, was published in the official gazette on 09/08/1984.

The Land Acquisition Officer declared the award and granted total

compensation of Rs.1,185/-. Being dissatisfied with the quantum of

compensation, the Respondent filed reference under section 18 of the

P.H. Jayani 911 FA663.1997.doc

Land Acquisition Act.

3. The Reference Court relied upon the previous decision in Land

Reference Nos.28/1988, 43/1988 and other group matters and

enhanced the compensation to Rs.70,000/- per hectare. Thus, under

the impugned judgment, the total compensation payable to the

claimant including the solatium and interest is Rs.9,256/- and after

deducting the compensation awarded by the Special Land Acquisition

Officer, the amount payable is Rs.8,071/-.

4. The compensation payable to the Respondent - claimant is very

meager. Moreover, the enhancement is based on the previous

judgment in Land Reference Nos.28/1988 and 43/1988 which was in

respect of the land acquired for the same purpose and in the same

village.

5. Considering the above facts and circumstances, I am not inclined

to interfere with the impugned judgment. Hence, the Appeal is

Digitally dismissed. Compensation, if deposited by the Appellant, be paid to the signed by PREETI PREETI JAYANI

H Date:

JAYANI 2022.11.16 11:35:39 +0530 Respondent - claimant.

(SMT. ANUJA PRABHUDESSAI, J.)