JAFARALI MITHABHAI HIRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these first appeals can be disposed of by common judgment as identical question of fact and law arise in these appeals. Lands acquired in these appeals for Integrated Development Scheme, Extension of Gavthan at Kinwat, Tq-Kinwat, Dist-Nanded, for Kinwat Municipal Council, Kinwat i.e. Acquiring Body. Learned Counsel appearing on behalf of the parties pointed out that the evidence led by the parties is common in all these first appeals, therefore these appeals can be disposed of by common judgment.

(2.) First Appeal No. 188 of 2000 preferred by the original claimant against the impugned judgment and award dated 12th November, 1998 passed in Land Acquisition Reference No. 358 of 1995 is for enhancement of compensation, whereas First Appeal No. 219 of 1999 is preferred by the Acquiring Body i.e. Municipal Council, Kinwat challenging the impugned judgment and award passed by the Reference Court. First Appeal No. 213 of 1999 is preferred by original claimant challenging the impugned judgment and award dated 17th November, 1998 passed by the Reference Court in Land Acquisition Reference No. 360 of 1995 for enhancement of compensation ; whereas First Appeal No. 218 of 1999 is filed by the Acquiring Body i.e. Municipal Council, Kinwat challenging the impugned judgment and award passed by the Reference Court. First Appeal No. 245 of 1999 is preferred by original claimant challenging the impugned judgment and award dated 13th November, 1998 passed by the Reference Court in Land Acquisition Reference No. 359 of 1995 for enhancement of compensation.

(3.) Learned Counsel appearing on behalf of the original claimants categorically made a statement that in all these first appeals filed by them, they are challenging the compensation awarded by the Reference Court only; whereas the learned Senior Counsel appearing on behalf of the Acquiring Body made a statement that they are challenging the additional component and interest awarded by the Reference Court to the claimants. Learned Counsel appearing on behalf of the parties made a statement that though they have raised some of the grounds challenging the acquisition itself, those grounds are not pressed by them at the time of argument and same are waived. Therefore, by consent all these first appeals are taken up for final hearing on the question of market rate and additional component as per Land Acquisition Act.