MOHMED ALLI ABDUL KAREEM ARSHI Vs. SPECIAL LAND ACQUISITION OFFICER PANVEL
LAWS(BOM)-2005-1-20
HIGH COURT OF BOMBAY
Decided on January 20,2005

MAHOMED ALLI ABDUL KAREEM ARSHI Appellant
VERSUS
SPECIAL LAND ACQUISITION OFFICER, PANVEL Respondents

JUDGEMENT

- (1.) THIS is a common judgment in respect of the aforesaid eight appeals. Out of which four appeals have been filed by the claimants for further enhancement of compensation and other four appeals have been filed the State challenging the enhancement granted by the lower Court. All the claimants in all the four appeals and in the cross objections filed by the State are common. Common argument was advanced by the advocates, though they have pointed out peculiar facts of particular case. Therefore, this common judgment.
(2.) THE Appeals filed by the claimants are being Appeal Nos. 695/92; 692/92; 679/92 and 6/93. And the remaining appeals being appeal Nos. 200/93; 789/94; 217/93 and 21/93; have been filed by the State.
(3.) APPEAL No. 695/92 is arising out of a Reference bearing LAR No. 18 of 1987; Appeal No. 692/92 is arising out of a Reference bearing LAR No. 397 of 86; Appeal No. 679/92 is arising out of a Reference bearing LAR No. 17 of 1987 and Appeal No. 6/93 is arising out of a Reference bearing LAR No. 405 of 1986. The date of the notification is 4th February, 1970. The land acquired in LAR No. 18 of 1987 is from S. No. 24 H. No. 1 admeasuring 4200 sq. mtrs. situated at village Taloja Panchnand. The compensation awarded by the SLAO was Rs. 2/- per sq. mtr. and the claimants are claiming Rs. 20/- per sq. mtr. The lower Court has granted compensation at the rate of Rs. 17/- per sq. mtr. The land acquired in LAR No. 397 of 1986 is from S. Nos. 24 H. No. 3, 93 h. No. 1, 93 H. No. 2, 92 H. No. 4a, 95 H. No. 3 and 95 H. No. 3 admeasuring 22430 sq. mtrs. situated at village Taloja Panchnand. The compensation awarded by the SLAO was Rs. 2 or Rs. 3 per sq. mtr. and the claimants are claiming rs. 20/- per sq. mtr. The lower Court has granted compensation at the rate of rs. 17/- per sq. mtr. The land acquired in LAR No. 17 of 1987 is from S. Nos. 74/5 H. No. 0-2/-8 and S. No. 93/4 H. No. 0-24-0 admeasuring 24 R i. e. 5190 sq. mtrs. situated at village Taloja Panchnand. The compensation awarded by the SLAO was Rs. 2/- or Rs. 3/- per sq. mtr. and the claimants are claiming Rs. 20/- per sq. mtr. The lower Court has granted compensation at the rate of Rs. 17/- per sq. mtr. The land acquired in LAR No. 405 is from S. No. 64 H. Nos. 1 and 2 admeasuring 16875 sq. mtrs. (but the actual area acquired is 17070 sq. mtrs.)situated at village Owe Taluka Panvel District, Raigad. The compensation awarded by the SLAO was Rs. 5000/- per acre, and the claimants are claiming rs. 20/- per sq. mtr. The lower Court has granted compensation at the rate of Rs. 15/- per sq. mtr.;


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