LAWS(BOM)-2024-3-85

ADMINISTRATOR NASHIK Vs. SHAM NARIMAN DUMASIA

Decided On March 28, 2024
Administrator Nashik Appellant
V/S
Sham Nariman Dumasia Respondents

JUDGEMENT

(1.) Heard Mr. Gangal, learned Advocate for the Petitioners and Mr. Ahuja, learned Advocate for Respondent Nos. 9C, 20C, 21C, 21D, 31(1A), 31(1D) to 31(1G), 31(2B) to 31(2G), 40(2) to 40(7), 40(8B), 40(9A) to 40(9C).

(2.) Present Writ Petition takes exception to the impugned order dtd. 29/8/2022 passed by the learned District Court in an Application seeking review of the order dtd. 4/8/2011 passed by the learned District Court in Land Reference Darkhast No.203 of 1995. An Application below Exhibit '17' was filed by the Decree Holders (80 in number) against the Judgment Debtors (Petitioner before me) seeking to verify and compute the calculations in respect of the compensation declared in the Award by the Reference Court as far back as in the year 1986.

(3.) Admittedly, possession of the Claimants' lands were taken over on different dates in the years 1982 ' 1983. Award dtd. 12/2/1986 was passed allowing and granting compensation @ 6 per square meter to the advantageous group and Rs.4.00 per square meter for the undeveloped plots. The said Award was challenged in Reference proceedings before the District Court. Reference Award was passed by the learned District Court on 26/10/1994 enhancing the rate to Rs.33.00 per square meter for the advantageous group and Rs.24.00 per square meter for the undeveloped plots. First Appeals were filed in this Court by the Writ Petitioners as also by some of the Claimants which came to be decided by judgment dtd. 31/1/2008 whereby the rate was enhanced to Rs.58.80 per square meter for the advantageous group and Rs.53.55 per square meter for undeveloped plots.