The State Of Maharashtra And Others v. Venkat Annarao Nikam

929fa.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

929 FIRST APPEAL (ST) NO. 22478/2013 WITH CA/11341/2013 IN FAST/22478/2013 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

VENKAT ANNARAO NIKAM ...

AGP for Appellants : Mr. S. P. Sonpawale Advocate for Respondents : Mr. Girish N. Kulkarni Mardikar ...

CORAM

: S. V. GANGAPURWALA, J.

DATE :

9th October, 2015 PER COURT :

1.

Learned AGP submits that even though the sale deed which was produced by the claimant is not relied by the Reference Court, still enhancement of one and half time is granted. According to the leaned AGP, the Special Land Acquisition Officer has considered all the relevant aspects of the matter and had awarded just amount of compensation.

2.

Learned counsel for the applicant submits that in other connected references, the Reference Court had awarded more amount of compensation than the present reference.

3.

I have considered the judgment. Enhancement is 1/2

929fa.doc not much. It is only about Rs.30,000/-. The SLAO had awarded compensation @ Rs.54,000/- per hectare. The Reference Court enhanced to Rs.81,000/- per hectare. Sale instance of the adjoining village is at Rs.65,000/- per acre. However, the same is not considered being of adjacent village. If necessary deductions are made, the Reference Court has not awarded exorbitant amount of compensation. It has considered the prevailing market price of the land in nearby villages.

4.

Considering the above, the first appeal is dismissed. No costs.

5.

In view of disposal of the first appeal, civil application also stand disposed of.

( S. V. GANGAPURWALA, J. ) JPC 2/2