LAWS(BOM)-1992-11-109

SPECIAL LAND ACQUISITION OFFICER Vs. KOHINOOR DRESSES

Decided On November 12, 1992
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
Kohinoor Dresses Respondents

JUDGEMENT

(1.) THIS first appeal is filed by the State Government against the Judgment and decree passed in Land Reference No. 13 of 1983 by the Addl. District Judge, Kolhapur, on 21st March, 1986.

(2.) SPECIAL Land Acquisition Officer No. 16, Kolhapur, decided to acquire City Survey No. 186/1 under Acquisition Case No. LAQ and 312/15 and in the said proceedings the respondents -original claimants claimed compensation of amount of Rs. 2,50,000. The Land Acquisition Officer passed the award on 27th January, 1983 and awarded compensation of Rs. 1,500 to the firm and the loss of business during the period of settlement of the firm and an amount of Rs. 50 for shifting the electric metre and Rs. 100 for shifting counter materials in the shop.

(3.) SHRI Nalawade, learned Assistant Government Pleader for the Government, submitted that the Addl. District Judge has committed mistake by awarding Rs. 15,750 in addition to the amount already awarded by the Land Acquisition Officer. According to him, even as per, the Judgment the Court calculated the total amount of compensation to be paid to the respondents as Rs. 15,750. This being the position, the Lower Court ought to have given credit of Rs. 1,650 which were paid by the appellants to the respondents as per the award.