The State Of Maharashtra vs Shri Hanmant Dangar Bhil
2022 Latest Caselaw 9059 Bom

P.H. Jayani                                        911 FA645.1997.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO. 645 OF 1997

The State of Maharashtra                       .... Appellant
           v/s.
Hanmanta Dongar Bhil (since
deceased through legal heirs) :
Chindha Hanmanta Bhil and ors.                 .... Respondents


Ms. Tanaya Goswami, AGP for the State.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 12th SEPTEMBER, 2022.

P. C. :-

. The Appellant - State has challenged the judgment and award

dated 12/01/1994 passed by the 2 nd Additional District Judge, Nashik

in Land Reference No.128/1986 .

2. Heard learned AGP for the State. I have perused the records.

3. The State Government has acquired the land admeasuring 2.32

hectares from Gat No.317 for the purpose of construction of

percolation tank in village Joran. The notification under section 4 was

published in the official gazette on 15/11/1981. The Land Acquisition

Officer passed an award under section 11 on 26/03/1982 and offered

compensation at the rate of Rs.7,000/- per hectare. Not being satisfied

P.H. Jayani 911 FA645.1997.doc

with the quantum of compensation offered by the Land Acquisition

Officer, the Respondent - claimants filed reference under section 18 of

the Land Acquisition Act claiming compensation at the rate of

Rs.20,000/- per hectare. The Reference Court, after considering the

sale instance produced by the claimants, has enhanced the

compensation to Rs.12,500/- per hectare and further Rs.1,000/- in

respect of Pot Kharaba land. The total compensation payable to the

Respondents/claimants including the statutory compensation is

Rs.39,534.75/-. The amount payable is very meager. Moreover, the

compensation which is enhanced is less than four times the amount

offered by the Land Acquisition Officer. Hence, the case is covered by

GR dated 03/11/2016.

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

to entertain this Appeal. Hence, the Appeal is dismissed. PREETI

JAYANI Digitally signed by PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Date: 2022.09.14 14:56:23 +0530