STATE OF MAHARASHTRA Vs. AMBYAKALYA

JUDGEMENT

(1.) By this appeal, the State of Maharashtra takes exception to the judgment and order dated 2nd May, 1991 passed by the District Court, Raigad on reference under Section 18 of Land Acquisition Act, 1894.

(2.) The land under reference has been acquired by the government for New Bombay Project. The compensation awarded by the Special Land Acquisition Officer, Metro Centre No.VI, Panvel for the land, trees and well are Rs.24,898.32p, Rs.83,629/and Rs.500/respectively.

(3.) Though the challenge in the present appeal is to the entire enhancement of the compensation, Ms.Mulekar the learned AGP states that the appellant restricts the challenge only to the enhancement of compensation in respect of the trees and well situate on the land above. This is because, the question of enhancement of compensation in respect of the land has already been considered by this court in another First Appeal. The respondents had filed an Appeal being First Appeal No. 104 of 1992 from the impugned judgment and order praying for enhancement of the compensation awarded in respect of the land. That appeal came to be decided by the order dated 4th March, 2003. The Appeal was disposed off on the basis of common judgment and order dated 18th July, 2001 passed in a group of appeals arising out of references in respect of grant of compensation for several adjoining lands acquired under the same notification. For the sake of convenience, the order dated 4th March, 2003 is reproduced below :