The State Of Maharashtra v. Smt. Dwarkabai P. Jadhav

P.H. Jayani 202 FA193.1994.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 193 OF 1994 The State of Maharashtra .... Appellant v/s.

Smt. Dwarkabai Pandharinath Jadhav .... Respondent Ms. Tanaya Goswami - AGP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th JULY, 2022.

P. C. :- .

The Appellant/State has challenged the judgment and award dated 19/12/1992 passed by the Joint Civil Judge, Senior Division, Solapur in Land Reference No.97/1991.

2.

The land belonging to the Respondent who is the original claimant was acquired by the Government for construction of percolation tank of village Kasari, Tal. Barsi. The Notification under section 4 of the Land Acquisition Act was published on 02/06/1988 and the award was passed on 01/06/1989. The Land Acquisition Officer has awarded compensation of Rs.61,023/-. Not being satisfied with the compensation awarded by the Special Land Acquisition Officer, the Respondent-claimant filed reference under section 18 of the 1/2

P.H. Jayani 202 FA193.1994.doc Land Acquisition Act.

3.

Upon considering the evidence adduced by the parties, the Reference Court by the impugned judgment dated 19/12/1992 enhanced the compensation to Rs.35,100/- with interest and other statutory benefits. The enhancement is based on the evidence adduced by the parties. Moreover the enhancement is marginal. 4.

Considering the above facts and circumstances, I am not inclined to interfere with the impugned judgment. Hence, the Appeal is dismissed.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.07.15 14:28:12 +0530 2/2