STATE OF MAHARASHTRA Vs. SHARAD SHANKAR TAMHANE

JUDGEMENT

(1.) This is the State Appeal filed against the Order dated 17th August, 1985 passed by Civil Judge, Senior Division, Alibag, whereby the compensation has been awarded @ 10,000/- per acre that comes to Rs.2.50 ps. per sq.mtrs.

(2.) Without going into the merits including the issue about the common reference and/or common Appeal arising out of such common judgment dated 25th/26th February, 1993 passed by this Court in First Appeal No.754/1986 in the matter of notification dated 04.02.1970 whereby granted compensation on similarly situated land i.e. from Panvel more than the rate between Rs.12 to Rs.18/- per sq. metre. The notification involved in the present case is of October, 1976. The land is situated at Sai village, taluka: Panvel, District : Raigad. The learned trial Court has considered various aspects and including the material on record i.e. the sale deeds of the year 1980 and rightly considered in para 21 and awarded the said compensation. Admittedly there is no counter claim/Appeal by the claimants.

(3.) In view of this, I am of the view that there is no point in keeping this matter pending for want of service and/or for bringing the legal heirs of record as there are more than 35 claimants on record.