STATE OF MAHARASHTRA Vs. GRAMDEVI KALBHAIRAV SANSTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Two points have been urged before us. The first argument is that the original trustees have been replaced by new trustees. In that case, the claim regarding compensation for house property cannot be pursued by the new trustees. The argument deserves to be stated to be rejected inasmuch as the house property, which is affected on account of acquisition was the property of the Trust. The fact that the trustees have changed does not mean that the right of the Trust to receive compensation for the house property is effaced. That right would enure in favour of the Trust. The compensation to be received by the new trustees would naturally be for and on behalf of the Trust. In the circumstances, there is no substance in this ground.

(3.) The second ground urged before us is that the compensation provided for the loss of structure as claimed by the claimants is excessive. In the context of this submission, it is further argued that as a matter of fact, the SLAO did not grant any compensation therefor for which reason, the reference Court ought not to have granted compensation. Insofar as this argument is concerned, the same does not commend to us at all. The fact that the SLAO did not grant any compensation towards loss of structure, does not preclude the claimants from pursuing compensation in that regard before the reference Court. Further, it is not in dispute that the claimants in their reference application specifically asked for compensation towards loss of house property, which was situated at Survey No. 77 /6A admeasuring 55' x 32'.