Bombay High CourtCA/7663/2015disposed offdismissed for default

Sandu Kisan Ghuge Lrs Baburao Sandu Ghuge Deceased Thr Lrs Sumitrabai And Others v. The State Of Maharashtra And Another

2015-07-17Hon'Ble Shri Justice Nitin W. Sambre2 pages

CA 7663/15 & another in FA 208/15 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NOS.7663/2015 AND 7728/2015 IN FIRST APPEAL NO.208/2015 Sandu Kisan Ghuge, deceased through L.Rs. Baburao Sandu Ghuge and others.

...Applicants..

Versus

The State of Maharashtra & another.

...Respondents...

.....

Shri A.B. Kale, Advocate h/f Shri N.R. Thorat, Advocate for applicants.

Shri G.R. Ingole, AGP for the State.

.....

CORAM: N.W. SAMBRE, J.

DATE: 17.07.2015 ORDER :

1] Heard learned counsel appearing for the parties. With their consent, the appeal is taken for hearing and final disposal alongwith civil applications.

2] The land in question was acquired for the construction of percolation tank for which Section 4 notification came to be issued on January 3, 1985. The award u/s 11 of the Land Acquisition Act was delivered on 31.12.1987 awarding Rs.110/- per Aare compensation.

CA 7663/15 & another in FA 208/15 - 2 - 3] The applicants herein - claimants sought enhancement of the compensation at the rate of Rs.310/- per Aare relying upon sale instance.

4] The Reference Court enhanced the compensation to Rs.132/- per Aare. As such the present appeal is filed by the State and the acquiring body.

5] The enhancement is from Rs.110/- per Aare to Rs.132/- per Aare, which is based upon the productivity of the land and the nature of crops grown by the claimants. Apart from above, Exhibit 44 - sale instance has been rightly taken into account by the learned Reference Court. In view of meagre enhancement, which is based on the sale instance and the fertility of the land, in my opinion, no case is made out for interference. 6] Hence, the first appeal stands dismissed. Amount, if any, deposited before the executing / Reference Court, the applicants / claimants will be at liberty to apply for withdrawal of the same. Consequently, civil applications also stand disposed of.

(N.W. SAMBRE, J.) ndk/c1771540.doc