The State Of Maharashtra And Another v. Raosaheb Narsing Ghogare Died His Lrs Bhagwan Raosaheb Ghogare And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD FIRST APPEAL ST NO. 1564 OF 2015 WITH CIVIL APPLICATION NO. 3339 OF 2015 The State of Maharashtra & Anr.

... Applicants

VERSUS

Dnyanoba Rangrao Ghogare & Anr.

... Respondents .............

Mr P. P. More, AGP for applicant/State ..............

ALONG WITH FIRST APPEAL ST NO. 1622 OF 2015 WITH CIVIL APPLICATION NO. 3366 OF 2015 FIRST APPEAL ST NO. 1628 OF 2015 WITH CIVIL APPLICATION NO. 3363 OF 2015 FIRST APPEAL ST NO. 1643 OF 2015 WITH CIVIL APPLICATION NO. 3361 OF 2015 FIRST APPEAL ST NO. 1649 OF 2015 WITH CIVIL APPLICATION NO. 3358 OF 2015 FIRST APPEAL ST NO. 1646 OF 2015 WITH CIVIL APPLICATION NO. 3356 OF 2015 FIRST APPEAL ST NO. 1631 OF 2015 WITH CIVIL APPLICATION NO. 3354 OF 2015 FIRST APPEAL ST NO. 1625 OF 2015 WITH CIVIL APPLICATION NO. 3351 OF 2015

FIRST APPEAL ST NO. 1619 OF 2015 WITH CIVIL APPLICATION NO. 3348 OF 2015 FIRST APPEAL ST NO. 1634 OF 2015 WITH CIVIL APPLICATION NO. 3345 OF 2015 FIRST APPEAL ST NO. 1640 OF 2015 WITH CIVIL APPLICATION NO. 3343 OF 2015 FIRST APPEAL ST NO. 1637 OF 2015 WITH CIVIL APPLICATION NO. 3341 OF 2015 CORAM :

S. V. GANGAPURWALA, J.

DATE : 28TH AUGUST, 2015.

PER COURT:

.

Heard ld. AGP for applicant/State.

2.

Learned AGP states that, the Reference Court has granted exorbitant and excessive amount of compensation. The sale deeds are also not properly considered by the reference Court. It is also not proved whether the land under the sale deed and the land acquired are the similarly situated lands.

3.

With the assistance of learned AGP, I have gone through the impugned judgment.

4.

The Reference Court has granted three times enhancement than that of awarded by SLAO. The Reference Court relied upon the sale deed at Exh. 21. It appears from the record that, in the year 2001,

one acre land was sold for consideration of Rs. 3,50,000/-. In the present case, notification u/s 4 was published on 3.6.2002. Even a sale deed in respect of land Gut No. 230 shows that, in the year 2001, 87R land was sold for consideration of Rs. 1,95,402/-. The Special Land Acquisition Officer had granted compensation at the rate of Rs. 9,075/- only. The reference Court considered the sale deed on record so also the situation of the crops taken and granted compensation at the rate of Rs. 1950/- per guntha. The sale deed appears to be of year 2001 and notification u/s 4 was published in the year 2002. Even otherwise, very small area of land is acquired and total enhancement is about Rs. 29,250/-. 5.

Considering the above, the First Appeals are dismissed with no order as to costs.

6.

In view of dismissal of main appeal, connected civil applications for stay are also disposed of.

[ S. V. GANGAPURWALA, J. ] sgp