STATE OF MAHARASHTRA Vs. WALMIK S/O MAHADEORAO THOOL
LAWS(BOM)-2017-11-367
HIGH COURT OF BOMBAY
Decided on November 23,2017

STATE OF MAHARASHTRA Appellant
VERSUS
Walmik S/O Mahadeorao Thool Respondents

JUDGEMENT

S. B. Shukre, J. - (1.) This is an appeal which questions the legality and correctness of the judgment dated 26th April, 2002. The appellants think that the compensation granted at enhanced rate by the Reference Court under Section 18 of the Land Acquisition Act is quite on the higher side. The Reference Court found the true market value of the acquired land to be of Rs.82,500/- at the time of publication of notification under Section 4 of the Land Acquisition Act. The Reference Court also granted enhanced compensation for the teak trees and other trees. The other challenge made in this appeal relates to grant of additional component under Section 23(1-A) and grant of interest under Section 28 of the Land Acquisition Act.
(2.) During the pendency of this appeal, this Court decided an appeal being First Appeal No.143/2003 on 16th August, 2017, in which the acquired land was covered by the same notification and same project and was from the same village as the land involved in this appeal. By the judgment dated 16th August, 2017, this Court confirmed the findings recorded by the Reference Court regarding valuation of the acquired land and the teak trees. But, this Court modified the operative portion of the order passed by the Reference Court in respect of grant of additional component under Section 23(1-A) and interest under Section 28 of the Land Acquisition Act. Such confirmation and modification made by this Court in the judgment dated 16th August, 2017 was based upon the consideration of the sale instances which represented true market value of the acquired land and valuation of the teak trees and other trees and the law settled by the Hon'ble Apex Court and this Court in respect of grant of additional component and interest on the enhanced compensation.
(3.) Shri M.A. Kadu, learned Assistant Government Pleader for the appellants graciously concedes that all the issues involved in this appeal are covered by the view taken by this Court in the said judgment dated 16th August, 2017.;


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