PANCHAYAT SAMITI Vs. GANESH RAGHUNATH NAZIRKAR

JUDGEMENT

(1.) THIS first Appeal is against the judgment and order dated 9th July, 2001 passed by the Civil Judge, Senior Division, Alibag in L.A.R. No. 4 of 1996. Appellant No. 2 is the Zilla Parishad, Dist. Raigad. Respondent No. 1 is the trustee of the Sairam Devasthanam Trust. Respondent No.2 is the Special Land Acquisition Officer, Dist. Raigad.

(2.) BY the impugned judgment, the Appellant was directed to pay compensation of Rs. 4,00,000/- for the acquired area comprising of 2165 sq. mtrs. It further directed the Appellant to pay the Respondent at the same rate for an additional area of 835 sq. mtrs. for reasons we shall refer to later. The learned Judge further ordered that in the event of the Appellant not being interested in acquiring the area of 835 sq.mtrs. it should deliver vacant and peaceful possession thereof to the Respondent within six months. Lastly, the Appellant was directed by the judgment to pay interest at the rate of 12% per annum from 1960 till 6th July, 1994 and for the unpaid remaining amount till the date of payment.

(3.) THE land in question belongs to the Shriram Devasthan Trust. There were disputes between the concerned authorities and Respondent No.1, who contended that the authorities had encroached upon his land in or about 1959-60. He filed various complaints and made several representations in this regard to various authorities. Ultimately, Respondent No.1 filed a suit being Regular Civil Suit No.93 of 1991 in the Court of Civil Judge, Senior Division, Alibag against the State of Maharashtra as well as the Appellant for removal of the encroachment and for possession of the suit land which he alleged was 30 gunthas. The Appellant filed an Appeal being Civil Appeal No. 64 of 1992 against the decree before the District Court. By an order and judgment dated 17th March, 1993 the Additional District Judge dismissed the Appeal. The Appellant thereafter filed a Second Appeal being Second Appeal No. 310 of 1993 in this Court. The Second Appeal was also dismissed.