LAWS(BOM)-2007-8-187

STATE OF MAHARASHTRA Vs. KATHOD HASU PATIL

Decided On August 29, 2007
STATE OF MAHARASHTRA Appellant
V/S
KATHOD HASU PATIL Respondents

JUDGEMENT

(1.) In this appeal the State has challenged the impugned order datd 12th April, 1993 passed by the 2nd Additional District judge, Raigad-Alibag whereby the claimant's application has been partly allowed, and thereby the Court has granted enhanced compensation @ Rs. 15/-per sq. mtr. , after considering the material placed on record in para 9 which is reproduced as under :-

(2.) The trial Court's conclusion cannot be said to be perverse and contrary to the record. The compensation is reasonable and fair. Apart from this in number of matters, the Division Bench of this Court in State of Maharashtra vs. Smt. Kamali Keshav Mhatre and ors. , 2004 (5) Mh. L. J. 165 = 2005 (1) All M. R. 459, in reference to the land acquisition of Panvel, District Raigad, the Court has granted the compensation ranging from Rs. 18/- per sq. mtr. to Rs. 20/- per sq. mtr. However, as in the present case, there is no such challenge is made by the respondent claimant, I am of the view that the appeal of the appellant challenging the said rate @ Rs. 15/- per sq. mtr. , is liable to be dismissed. There is no reason to interfere for the said finding arrived at.

(3.) In the result, the appeal is dismissed. Appeal dismissed.