The State Of Maharashtra And Another v. Muktabai Manohar Ghule

910-fast.14321.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION FIRST APPEAL (stamp) NO. 14321 OF 2015 WITH CA/6391/2015 IN FAST/14321/2015 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

MUKTABAI MANOHAR GHULE ...

Advocate for Appellants / Applicants : Mr.P.P.More. ...

CORAM :

N. W. SAMBRE, J.

DATE :

11th August, 2015.

Per Court:

Heard Mr.More, learned AGP for the Appellant. With the consent of learned AGP, the appeal is taken up for final disposal.

Mr.More, learned AGP has urged that the enhancement granted, is exorbitant.

Perusal of the judgment delivered by the Reference Court reflects that the Reference Court has considered the age of the trees, such as, Coconut, Mosambi trees, Chiku, Mango etc. and has granted meager enhancement.

In my opinion, even though there is no entry about the trees in the 7/12 extract, however, the Land Acquisition Officer has awarded

910-fast.14321.15.odt the compensation for the same pursuant to his personal field visit. Admittedly, the Appellant has not examined the Land Acquisition Officer. In view thereof, in my opinion, no case for interference is made out. The appeal fails, stands dismissed. In view of dismissal of first appeal, pending civil application for stay, does not survive and the same stands disposed of. [ N. W. SAMBRE, J. ] ndm