STATE OF MAHARASHTRA Vs. SHRIMANT GOVINDRAO NARAYANRAO GHORPADE

JUDGEMENT

(1.) This appeal is filed by the Government against the award given by the Joint Civil Judge (S.D.), Kolhapur under the Land Acquisition Act, enhancing the compensation awarded by the Land Acquisition Officer to the respondent/claimant in respect of the land compulsorily acquired for the extension of the industrial estate at Ichalkaranji. The lands in question were originally Jagirs. After the abolition of the Jagir under the Bombay Merged Territories miscellaneous Alienations Abolition Act, 1955, they were regranted to the respondent on certain conditions. There is no dispute before us that lands Survey Nos. 556 & 589 were regranted to him in his personal capacity whereas lands Survey Nos. 588/A and 588/B were regranted to him in his capacity of the sole Trustee of the Deosthan. After the regrant, the relevant notification under section 4 of the Land Acquisition Act was issued. At the time of the said notification there were two tenants on the lands. But in connection with a major portion of the lands, decrees against the tenants had already become final. The tenants have continued to be in possession, as tenants, of about 21 acres of land inspite of the decrees. But admittedly they had no protection of any of the rent or tenancy legislations. The question that is required to be decided is as to what should be the principle upon which compensation for such lands should be paid. Three questions of quite some importance have been strenuously urged by Mr. Kotwal, the learned Government Pleader appearing for the State viz.:

(2.) The facts relevant for the purpose of the present judgment are as follows:

(3.) Mr. Kotwal, the learned Government Pleader, who assiduously argued the appeal on behalf of the Government raised five objections before us against the judgment of the learned Judge.