The State Of Maharashtra v. Shahu Shankar Khandare And Others

903-fast.17912.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION FIRST APPEAL (STAMP) NO. 17912 OF 2013 WITH CA/9741/2013 IN FAST/17912/2013 THE STATE OF MAHARASHTRA

VERSUS

SHAHU SHANKAR KHANDARE AND OTHERS ...

Advocate for Appellant : Mr. D. R. Korde.

...

CORAM :

N. W. SAMBRE, J.

DATE :

01st August, 2015.

Per Court:

The enhancement of Rs.3,000/- per Are is questioned in the present appeal at the behest of the State Government. The learned AGP has urged that the enhancement is exorbitant.

Section 4 notification was issued on 10th April, 2008 and the award was declared on 25th February, 2009.

The land in question was acquired for the purpose of irrigation and the claimant in support of his claim has examined himself at Exhibit - 12 and has placed on record copy of award at Exhibit - 16 and award statement 'E' at Exhibit - 17, the 7/12 extract at Exhibit - 18 and certified copy of sale-deed dated 29th September, 2007 at Exhibit - 19.

903-fast.17912.13.odt The Reference Court has appreciated the same in the background of Section 4 notification. The Reference Court has considered that the compensation awarded at the rate of Rs.1260/- per Are was inadequate and enhanced the same by Rs.3,000/- per Are. The enhancement is based on sale instance at Exhibit - 19. The Reference Court has analyzed the said sale instance in accordance with the mandate of the Supreme Court by applying common sense and guess work. In my opinion, the enhancement granted, is not exorbitant. No case for interference is made out. The appeal fails. The appeal 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