STATE OF MAHARASHTRA Vs. BALIRAM GIRDHAR PATIL

JUDGEMENT

(1.) These First Appeals arise out of two common judgments delivered by the learned Joint Civil Judge, Senior Division, jalgaon, in two groups of Land Acquisition references. First group was consisting of Land acquisition References no. 206/84, filed by Mr. Baliram Girdhar Patil, no. 208/84 filed by Mr. Manohar Dhansing Patil, no. 209/84 filed by mr. Shriram Atmaram Patil, and no. 210/84 filed by Ramkrishna Dhansing Patil. In this group of Land Acquisition References, common judgment is delivered in Land acquisition Reference no. 206 of 1984. In second group, Land Acquisition References no. 211/84 filed by Pandurang Chintaman Patil, no. 212/84 filed by Mr. Digamber Vithal Patil, no. 213/84 filed by Mr. Shankar Bhaurao Patil, were considered. In the second group, common judgment was delivered in Land Acquisition reference no. 211 of 1984. Both these judgments were, however, delivered on one and the same date. Common evidence was recorded in only one Land Acquisition Reference i. e. Land Acquisition Reference no. 206 of 1984. The learned Assistant Government Pleader appearing on behalf of the State and the learned counsel appearing for the respondents/ claimants admit that there is no special or specific reason for delivering two common judgments. All these Land Acquisition references, noted above, gave rise to various appeals.

(2.) First Appeal No. 68 of 1991 is arising out of the judgment and award in Land acquisition Reference no. 206 of 1984, filed by the State. First Appeal no. 70 of 1991 is arising out of judgment and award in Land Acquisition reference no. 211 of 1984, filed by the State. First Appeal no. 71 of 1991 is arising out of land Acquisition Reference no. 212 of 1984. First Appeal no. 72 of 1991 is arising out of judgment and award in Land Acquisition reference no. 213 of 1984, filed by the State. First Appeal no. 73 of 1991 is arising out of judgment and award in Land Acquisition reference no. 201 of 1984, filed by the State. First Appeal no. 74 of 1991 is arising out of judgment and award in Land Acquisition reference no. 209 of 1984, filed by the State. First Appeal no. 76 of 1991 is arising out of judgment and award in Land Acquisition reference no. 210 of 1984. Thus, these seven first Appeals are filed on behalf of the State of maharashtra, being aggrieved and dissatisfied with the judgment and award passed in the respective Land Acquisition References by the trial Court, as noted above.

(3.) Respondents, in some of the appeals have filed cross-objections by various civil Applications. In First Appeal no. 68 of 1991, the respondent has filed Cross-objection stamp No. 13653 of 1990. In First Appeal no. 70 of 1991, the respondent has filed Cross-objection Stamp No. 12178 of 1990. In First appeal no. 71 of 1991, the respondent has filed cross-objection Stamp No. 8241 of 1990. In first Appeal no. 72 of 1991, the respondent has filed Cross-objection Stamp No. 8239 of 1990. In First Appeal no. 73 of 1991, the respondent has filed Cross-objection Stamp No. 12182 of 1990. In First Appeal no. 76 of 1991, the respondent has filed Cross-objection Stamp no. 8244 of 1990. It is thus clear that in only one First Appeal no. 74 of 1991, there is no cross-objection filed on behalf of the respondents Baliram Girdhar Patil and manohar Atmaram Patil. Undisputably, Civil applications filed by various respondents, as noted above, were entertained by this Court and delay, after heanng the parties, was condoned. The Cross-objections can be considered along with the respective appeals. By these Cross-objections, respondents therein are claiming enhancement in the amount of compensation and additional benefits, which are not awarded to the respondents, in accordance with the amendment Act No. 68 of 1984.