NIRMALABAI PRATAPSINGH ADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN Land Acquisition Case No. 18/1997, the Reference Court has delivered the judgment and order dated 2nd January, 2004, granting compensation of Rs.3,75,67,985/along with the other statutory benefits payable in respect of acquisition of land of 1.21 HR equivalent to 1,29,345 sq.ft, out of Survey No. 118/3, situated at Digras. First Appeal No. 67 of 2005 has been preferred by the claimant seeking enhancement of compensation at the rate of Rs. 159/per sq.ft., as against the rate of Rs.100/per sq.ft granted by the reference Court. First Appeal No. 414 of 2007 is preferred by the State challenging the enhancement of total compensation from Rs.4,84,000/to Rs. 3,75,67,985/granted by the Reference Court.

(2.) BOTH these appeals pertain to the acquisition made at Digras, Distt. Yavatmal, for construction of Court buildings and the quarters for the judges and were heard and the judgment was dictated in the open court on 8th December, 2014, allowing the appeal for enhancement of compensation filed by the claimant and dismissing the appeal challenging the enhancement filed by the State Government. On the next date i.e. on 9th December, 2014, we heard another four appeals being First Appeal Nos. 198/2005, 185/2005, 212/2005 and 519/2004 involving the acquisitions made for the resettlement of the persons affected by Arunavati Project at the same place of Digras, Distt. Yavatmal. After hearing the counsel for the claimants and the learned AGP for State Government, we dismissed two First Appeal Nos. 198/2005 and 212/2005 preferred by the claimants for enhancement of compensation and allowed two First Appeal Nos. 185/2005 and 519/2004 preferred by the State Government, setting aside the enhancement granted by the Reference Court.

(3.) AT the time of correction of the judgment delivered in both these appeals and before signing, it was noticed that the facts are almost the same and the sale transaction dated 03.09.1992 at Exh. 29 therein was also relied upon by the claimant in these appeals at Exh. 26. Hence, we called upon the learned counsels to argue the matter afresh. Accordingly, the matters were reheard on 15.12.2014 and we passed an order as under;