LAXMAN LOBHAJI KANHEKAR Vs. COLLECTOR

JUDGEMENT

(1.) Heard Shri Saboo, learned counsel for the appellant and Shri Mirza, learned Assistant Government Pleader for the respondents.

(2.) In fact, the matter was heard yesterday for some time and as Shri Saboo, Advocate pointed out that it is covered by judgment dated 02.02.2006 delivered in First Appeals No. 409/1992, 410/1992 and 421 of 1992, the matter was adjourned to today to enable the Assistant Government Pleader to verify.

(3.) Today, both the counsel pointed out that the judgment impugned in this First Appeal and delivered on 23.1.1992 by the Civil Judge, Senior Division, Pusad, is common judgment in various land acquisition matters. It appears that Land Acquisition Case No.750 of 1990 which forms subject matter of present appeal was decided along with LAC Nos. 754/1990, 752/1990 and 755 of 1990. The land owners in the other cases filed First Appeals No. 410 of 1992 and 421 of 1992, which came to be decided by common judgment. This First Appeal could not be decided as it was found dismissed in default and it was restored later on. It is, therefore, obvious that impugned judgment is already considered by this Court and this Court has granted enhanced compensation of Rs.10,000/- per hectare. The said judgment and appreciation of evidence by this Court, therefore, squarely governs the present First Appeal.