The State of Maharashtra appealed against an order enhancing compensation in land acquisition proceedings. The High Court relied on a precedent allowing Rs. 10 per sq. meter for adjacent villages and found no reason to disturb the lower court's findings.
Appeal dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Lsp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION
FIRST APPEAL NO. 624 OF 1989
The State of Maharashtra..Appellant
versus
Janardan Vasudeo Gharat & Ors. ..Respondents
Mrs. G. P. Mulekar, AGP for the Appellant - State.
Mr. K. N. Kore for the Respondents.
CORAM : ANOOP V. MOHTA,J.
DATED : 10th October, 2007
ORAL JUDGMENT :
1.This appeal is filed by the State of Maharashtra
and challenged the judgment dated 17.8.1988 passed by
the Joint District Judge, Thane in Land Acquisition No.
31 of 1984 enchancing the compensation, after
considering the material on record, at the rate of
Rs.10/- per sq. meter. Therefore, being aggrieved by
the same, this appeal is preferred by the State of
Maharashtra against the order of enhanced compensation.
2.Heard the learned counsel appearing for the
parties. Both the parties fairly pointed out the
judgment passed by this Court in identically placed and
situated land acquisition references arising out of the
same dispute and of adjacent villages, whereby the
judgement dated 26th October, 2005 passed by Shri D. G.
Deshpande, J. in First Appeal No. 813 of 1993 and
2
others, it has been observed as under:
3."So far as all the appeals are concerned, they
are arising out of land acquisition proceedings
from Village Kapor Khairane. The reference Court
awarded compensation at the rate of Rs.10/- per Sq.
Mtrs. in all these cases for the acquired lands,
many matters from village Kopar Khairane were
decided by this Court and Rs.10/- per Sq. Mtr. is
the proper rate of compensation, even the case of
enhancement is made out. Therefore, there is no
substance in all these appeals. Hence all the
appeals are dismissed. No order as to costs in all
the appeals."
3.The learned counsel appearing for the
respondent pointed out and it is not disputed by the
learned Advocate for the appellant that the land is
situated in Taluka and District Thane is adjacent to the
villages Kopar Khairane and Ghansoli which is in Taluka
and District Thane. Taking note of all these factors as
there is no reason now to disturb the findings arrived
at by the learned Judge. In view of this, as a whole,
enhanced compensation as awarded is just and fair and
with view of the above compensation, this appeal is
dismissed with no order as to costs.
[ANOOP V. MOHTA,J.]
1 issue framed by the court
Whether the appellate court should disturb the findings of the land acquisition proceedings regarding compensation enhancement.
Colour shows how this judgement treated each authority
Judgment dated 26th October, 2005 passed by Shri D. G. Deshpande, J.Relied on¶10
First Appeal No. 813 of 1993
State of Maharashtra
Janardan Vasudeo Gharat
Anoop V. Mocha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court