INDUBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are filed by respective appellants, who are the original claimants in L.A.R. Nos. 79/2013 and 81/2013 respectively, for challenging the judgments and awards passed by the learned Civil Judge Senior Division, Mukhed ( hereinafter referred to as the 'learned Reference Court') on 23/11/2018.

(2.) In L.A.R. No. 79/2013, the learned Reference Court has enhanced compensation of house Nos. 115 and 121 admeasuring 691 sq. mtrs. along with the open space by 35 % i.e. Rs.2,65,650.00 in addition to compensation granted by Special Land Acquisition Officer of Rs.7,59,799.00 under award dtd. 25/2/2006. Likewise, in L.A.R.No. 81/2013, the learned Reference Court has enhanced compensation by 35 % i.e. Rs.1,41,233.00 in addition to Rs.4,03,525.00 i.e. compensation granted by the S.L.A.O. under award dtd. 25/2/2006 in respect of house properties bearing Nos. 111 and 114 along with open space 553.81 sq.mtrs. having constructed area 170.77 sq.mtrs.

(3.) During the pendency of these appeals, the learned counsel for the appellants submits that certain appeals arising out of same awards in respect of the house properties are disposed of, wherein the valuation report was considered. According to him, despite filing the same valuation report on record in these matters, the learned Reference Court failed to consider the same. Thereafter, learned counsel for the respective appellants placed reliance on the judgment of this Court dtd. 28/8/2019 in First Appeal No. 1797/2018 and prayed for similar order. The learned counsel for the Acquiring Body has also agreed for disposal of these appeals as per the judgment in the aforesaid First Appeal No. 1797/2018.