after giving benefit and adjustment of the amount (Rs.9,85,500/-)
which has been paid by the Petitioner to the Respondent for the said
period, still there would be a balance outstanding amount of
Rs.88,08,125/- which is due and payable by Petitioner to the
Respondent. As against this balance outstanding amount of
Rs.88,08,125/-, the learned Appellate Court has on its wisdom and
without assigning any reasons whatsoevers reduced the same to
Rs.35,00,000/- to be paid by the Petitioner to the Respondent. I have
perused the order dated 01.12.2023 passed by the Appellate Court.
While reducing the amounts which have been determined by an
exhaustive exercise determined by the Trial Court, the Appellate Court
has not given any reasons whatsoever but has merely stated that under
the such situation the Petitioner will remain in possession of the entire
factory building and the open land ad-measuring 18,900 square meters
till the final disposal on merits and it will take considerable time,
hence the direction and modification to pay part amount of the
compensation alongwith arrears of licence fee. Findings returned by
the learned Appellate Court in paragraph No.10 are completely sans
reasons. They do not take into account the exercise undertaken by the
learned Trial Court and merely substitute and reduce the
compensation without assigning any reasons. Such a finding by the
learned Appellate Court can never be accepted by this Court. It gives a
largesse to the Petitioner, rather it gives a certificate to the Petitioner
