The State Of Maharashtra vs Fransis K. Fernandis
2022 Latest Caselaw 9583 Bom

             Megha                                      910_fa_568_1996.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                FIRST APPEAL NO.568 OF 1996

               The State of Maharashtra                           ...Appellant
                            Versus
               Fransis Kojma Fernandis and Ors.                ...Respondents
                                             ...
             Ms Tanaya Goswami, AGP for the Appellant-State.
             Mr. S.M. Kamble for Respondent Nos. 1 and 2.


                                       CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 21st SEPTEMBER, 2022.

P. C. :-

1. The Appellant-State has challenged the Judgment and

Award dated 01/11/1995 passed by the Joint Civil Judge, Senior

Division, Ratnagiri at Sawantwadi in Land Reference No.29 of 1994.

2. Respondent No.3-Konkan Railway Corporation Ltd.

acquired land admeasuring 60 R from Block No.1736 situated at

village-Zarap, Taluka-Kudal. The Notifcation under Section 4 of the

Land Acquisition Act, 1894 was published in the ofcial gazette of

the State of Maharashtra on 11/07/1991 and the Award was passed

on 04/12/1993. The Land Acquisition Ofcer ofered compensation

of Rs.40,000/- per hector (which is equivalent to Rs.400 per R) in Digitally signed by MEGHA MEGHA S PARAB S Date:

PARAB 2022.09.23

respect of the Bagayat land and also awarded compensation of 17:22:10 +0530

Megha 910_fa_568_1996.doc

Rs.60,128/- in respect of 63 fruit bearing trees. The Land Acquisition

Ofcer ofered compensation @ Rs.2 per R in respect of land

admeasuring 6.5 R, which was classifed as pot kharaba. Not being

satisfed with the quantum of compensation ofered by the Land

Acquisition Ofcer, the Respondents -Claimants fled Reference

under Section 18 of the Land Acquisition Act. The Reference Court

after considering the evidence adduced by the Claimants, enhanced

the compensation to Rs.1,000/- per R. The Reference Court also

enhanced the compensation to Rs.1,74,894/- towards fruit bearing

trees. Being aggrieved by this Judgment and Award the State has

fled this appeal.

3. Learned AGP states that the challenge is restricted only

to the compensation, which is enhanced in respect of the value of

the land.

4. It is seen that the land was a Bagayat land having fruit

bearing trees. The compensation enhanced by the Reference Court

is less than four times the compensation ofered by the Land

Acquisition Ofcer. Hence the case is covered by the Government

Resolution dated 03/11/2016.

Megha 910_fa_568_1996.doc

5. Under the circumstances, I am not inclined to interfere

with the impugned Judgment and Award. Hence, the appeal stands

dismissed. The compensation, if deposited, be paid to the

Respondents-original claimants as per the impugned Judgment and

Award.

6. Pending application (s), if any, stand (s) disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)