THE STATE OF MAHARASHTRA Vs. ZUMBARLAL GAMBHIRLAL KOTHARI

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Learned Counsel for the parties agree that both these appeals and the Cross Objections therein can be disposed of by a common judgment and order, since, both the appeals, challenge common judgment and award dated 19.03.2003, made by the Reference Court in LARs No.219/1996 and 249/1996. First Appeal No.68/2005 arises out of L.A.R. No.219/1996 and First Appeal No.1285/2004 arises out of LAR No.249/1996. In the circumstances, it will be appropriate that both these appeals can be disposed of by a common judgment and order.

(3.) Mr.Phule, learned A.G.P. for the appellant, submits that the Reference Court has relied upon its earlier award in LAR No.231/96 and connected References, wherein rate of Rs.1000/- per Are has been determined. Mr.Phule submits that there is no evidence as regards comparability and, therefore, the Reference Court has erred in determining the rate @ Rs.1000/- per Are. He submits that interest has been awarded from the date of possession when, in fact, in terms of the decision of the Full Bench of this Court in the matter of State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (3) MhLJ 457, the interest could have been awarded only from the date of award and not from the date of possession. He submits that for all these reasons, appeals are liable to be allowed and compensation amount is liable to be reduced to Rs.350/- per Are, as determined by the Land Acquisition Officer.