The High Court dismissed the first appeal filed by a claimant dissatisfied with land compensation. The court rejected the argument that purchased land in a nearby village justified higher compensation or recognition of the acquired land as 'Bagayat' land.
First Appeal dismissed with 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.
1 fa 473.95
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
FIRST APPEAL NO. 473 OF 1995
Kadu S/o Onkar Patil, Age : 35 Years, Occu. : Agril., R/o Hingone, Tq. Bhusawal, Dist. Jalgaon.
.. Appellant
Versus
The State of Maharashtra, Through Special Land Acquisition Officer (2) Upper Tapi Project, Hatnur, Jalgaon. .. Respondent
Shri Abhay Rathod, Advocate for the Appellant. Smt M. S. Patni, A.G.P. for Respondent/State.
CORAM : S. V. GANGAPURWALA, J. DATE : 16TH DECEMBER, 2013.
ORAL JUDGMENT :
. The appellant is a claimant. He had filed reference before the Reference Court U/Sec. 18 of the Land Acquisition Act being dissatisfied with the amount of compensation awarded by the Special Land Acquisition Officer. The Reference Court dismissed the reference. Aggrieved thereby the present appeal.
2 fa 473.95
3 fa 473.95
available in the said village, whereas the village Hingone is situated at long distance of village Varangaon. So also it is not having any market facility. The Court has considered the said aspect. Even no other evidence has been brought on record to show how the land under sale instance and the land acquired are similarly situated. The S. L. A. O. has observed that the acquired land is 01 K.M. away from the village. No evidence has been produced in respect of the cost of the well.
Sd/-
[ S. V. GANGAPURWALA, J. ]
bsb/Dec. 13
Kadu S/o Onkar Patil
The State of Maharashtra, Through Special Land Acquisition Officer
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
