← Library
Bombay High CourtFA/844/1995disposed off

The State Of Maharashtra v. Vithabai Shankar Gangode

2022-07-06Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

911_fa_844_1995

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 844 OF 1995 The State of Maharashtra ..Appellant v/s.

Vithabai Shankar Gangoda ..Respondent Ms. Tanaya Goswami, AGP for the State.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 6th JULY, 2022.

P.C.

1.

Appellant -State has challenged the Judgment and Award dated 14.12.1993 in Land Reference No. 104 of 1985 dated 14.12.1993. 2.

A Perusal of the record reveals that the land of the RespondentClaimant, admeasuring 18 R bearing Gat No. 116 situated at village Waghad, Taluka Dindori, District Nashik was acquired by Government for construction of Waghad dam. Notification under section 4 was issued on 2.4.1981. The Land Acquisition Officer declared an Award on 1.8.1983 and granted compensation of Rs. 450/- at the rate of Rs. 250/- per Hectare.

3.

The applicant filed Reference under section 18 of the Land Acquisition Act, claiming additional compensation of Rs. 1900/-. The VVR

911_fa_844_1995 Reference Court partly allowed the Reference and awarded compensation of Rs. 900/-. The total compensation awarded is Rs.900/-. The Total compensation awarded to the Respondent-Claimant including statutory benefits and interest works out to Rs. 1859/-. 4.

Considering the fact that the compensation awarded to Respondent-Claimant is very meagre and also in view of the Circular dated 3.11.2016, I am not inclined to interfere with the impugned Judgment. Hence, the appeal is dismissed.

(ANUJA PRABHUDESSAI, J.) VVR