Partly allowed
Damodar Janu Patil v. the State of Maharashtra
Bombay HCFA/83/1992
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from the order text
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THE HIGH COURT OF JUDICATURE AT BOMBAY IN…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 83 OF 1992
1. Janu Ragho Patil (deceased)
2. Damodar Janu Patil ..Appellants
versus
The State of Maharashtra ..Respondents
AND
FIRST APPEAL NO. 959 OF 1991
The State of Maharashtra ..Appellants
versus
1. Janu Ragho Patil (deceased)
1A. Damodar J. Patil & Anr. ..Respondents
Mr.Rajiv Patil for the Claimants.
Mr. S. N.Gawade, AGP, for the State.
CORAM : D. G. DESHPANDE,J.
DATE : 12TH APRIL,2005
ORAL ORDER :
1. Appeal No. 959 of 1991 is filed by the
State challenging compensation awarded by the
Reference Court. Whereas Appeal No. 83 of 1992 is
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filed by the claimants for further enhancement.
2. In all 5 Acres 30 gunthas and 4 Are of the
land of the claimants situate at Village Ulwe,
Taluka Panvel, District Raigad was acquired. SLAO
awarded a meager compensation. Therefore, claimants
filed Reference under Section and the Reference
Court awarded only Rs.8/- per sq. meter. Claimants
had claimed Rs.15/- per sq. meter, and therefore
appeal by the claimants. According to the State
compensation awarded at Rs.8/- per sq. meter is on
higher side and therefore State has filed the
appeal.
3. Counsel for the claimants relied upon the
judgment of this court in Group of Appeals viz.
First Appeal No. 111 of 1996 and other Appeals
dated 18th December, 2003 decided by Justice Kakade.
Lands acquired in those proceedings were from
Village Targhar, Panvel, District Raigad. In that
case taking into consideration the evidence of
Epxert Jeevan Kulkarni and the sale instances
produced and proved, this court has awarded
compensation at Rs.15/- per sq. meter. Counsel for
the claimants contended that in this case also the
claimants are entitled for compensation at the rate
of Rs.15/- per sq. meter. He drew my attention to
the report of Expert Jeevan Kulkarni in this case,
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his evidence and the maps filed by him, which are
forming part of the record of the lower court. From
the map it is clear that village Ulwe is to the
southern corner of village Targhar but nearer to
Panvel, if compared. Therefore the reasoning given
by this Court in the judgment of Justice Kakade
dated 18.12.2003 aptly apply to the present case.
4. However, the learned AGP contended that the
main reason for awarding compensation in the group
of appeals by Justice Kakade was proof of sale
instances. In the present case according to him, no
sale instances have been proved by the claimants and
therefore awarding compensation at Rs.15/- per sq.
meter will not be proper.
5. Taking into consideration the judgment of
Justice Kakade but also the fact that the claimants
have not proved any sales instances and also giving
due weightage to the fact that Rs.15/- per sq.
meter has been awarded by Justice Kakade is in
respect of the land acquired from Village Targhar,
Rs.12/- per sq. meter would be proper compensation
in this case. Therefore, Order:
ORDER
. Appeal No.959 of 1991 filed by the State is
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dismissed
. Appeal No. 83 of 1992 filed by the
claimants is partly allowed. The claimants will be
entitled to compensation at the rate of Rs.12/- per
sq. meter with proportionate increase in the
statutory benefits. No order as to costs in these
Appeals.
12.04.2005 (D.G. DESHPANDE, J.)
Damodar Janu Patil
The State of Maharashtra
The State of Maharashtra
Janu Ragho Patil (deceased)
Damodar J. Patil
D. G. Deshpande
As recorded by the court registry
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