Bombay High Court
State of Maharashtra and another
Versus
Chandrakant @ Pomaji Vasudev Somshetti
Decided On:

Headnote:MAHARASHTRA INDUSTRIAL DEVELOPMENT ACT, 1967

       Section 33-Compensation awarded for acquisition of purely agricultural land with reference to value as on relevant date viz , April 2, 1970-Challenged -Evidence led by claimants at trial indicating-Some lauds were converted for non-agricultural user and some powerloom factories had commenced business.

       Held - in above circumstances though acquired lands were purely agricultural lands on relevant date, valuation is required to be determined by taking into consideration building potentiality.

       Articles - 26-Petition against judgment of District Judge awarding compensation under Section 34 of Maharashtra Indus trill Development Act, 1961-Maiotaioahility of-Held-Decision of court of District Judge Under Section 34 (2) C. P. C. would be decree and grounds for award a judgment Hence decision of District Court is subject to appeal to High Court and further to Supreme Court-Writ petition challenging judgment of District Judge not maintainable.

       For Citation : AIR 1991 Bom 245 (Bom): 1991 Mah LJ 392