MAHARASHTRA STATE POWER GENERATION CO. Vs. SHATRUGHNA SON OF LATARI YERGUDE
LAWS(BOM)-2017-1-9
HIGH COURT OF BOMBAY
Decided on January 06,2017

Maharashtra State Power Generation Co. Appellant
VERSUS
Shatrughna Son Of Latari Yergude Respondents

JUDGEMENT

- (1.) This appeal filed under Section 54 of the Land Acquisition Act, 1894, takes exception to the judgment dated 5th August, 2004 passed by the Reference Court in Land Acquisition Case No. 116 of 1994.
(2.) Land admeasuring 24 square meters along with a residential house constructed on 12 meters, situated at village Aawandha, Tq. Bhadrawati, Distt. Chandrapur, was the subject matter of acquisition under proceedings initiated under the said Act. On 6th January, 1989, Notification under Section 4 of the said Act came to be issued and on 30th September, 1993, the Land Acquisition Officer passed his Award granting amount of Rs.1,428-00 to the respondent no.1 as compensation. Being aggrieved, the respondent no.1 filed Reference proceedings under Section 18 of the said Act. By the impugned judgment, the amount of compensation has been enhanced to Rs. 10,000-00 with other statutory benefits.
(3.) Shri Moharir, learned counsel for the appellant, submitted that the Reference Court was not justified in enhancing the amount of compensation. It was submitted that no evidence was led by the respondent no.1 in support of the claim for enhancement. There were no sale instances placed on record and merely on the basis of assessment of taxes, the Reference Court had enhanced the compensation. It was submitted that the enhancement being on a higher side, the same needs to be reduced.;


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