STATE OF MAHARASHTRA Vs. SUSHILABAI HARIBHAU PAWAR

JUDGEMENT

(1.) The State of Maharashtra, who is Acquiring Body, has preferred this appeal for challenging the judgment and award dtd. 17/6/2005 passed by the learned Civil Judge (S.D.) Ahmednagar (hereinafter referred to as 'the learned Reference Court') in L.A.R. No. 265/1994. Under the impugned judgment and award, the learned Reference Court has granted compensation at the rate of Rs.9,000.00 per Are to the present respondents, who are the original claimants.

(2.) The learned AGP strongly submits that the impugned judgment and award is illegal and bad in law. It has been further contended by the learned AGP that the learned Reference Court should have granted the compensation at the same rate as awarded in L.A.R. Nos. 206/1983, 207/1983, 209/1983 and 211/ 1983. It is also submitted that the learned Reference Court, who enhanced the compensation, was not empowered to entertain review petition under which its own amount of compensation was enhanced. With these submissions, the learned AGP prayed for setting aside the impugned judgment and award.

(3.) Heard rival submissions, al so perused the impugned judgment and award, along with record and proceedings of the learned Reference Court. It is significant to note that there is no enhancement in respect of the compensation at the hands of learned Reference Court in the instant matter. However, it appears that the learned Reference Court has awarded the compensation to the present respondents at the rate of Rs.9,000.00 per Are only on the basis of the judgment and order dtd. 1/4/1986 in L.A.R.No.208/1983 which was filed by one Dnyaneshwar Pawar, whose land appears to be situated near the land of present respondents or in the same vicinity as of the present respondents.