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2007 Supreme(Bom) 1740

S.B.DESHMUKH
Shaikh Gafoor s/o Shaikh Lal – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
Advocate appeared
Mrs. A.N.Ansari, Advocate for the appellant
Mrs. M.L. Dharashive, A.G.P. for respondents 1 to 3.

JUDGMENT:-

1. This appeal is filed by the plaintiff seeking enhancement in the amount of damages awarded by the learned II Joint C.J.S.D. Beed. The appellant had filed the Special Civil Suit No.42 of 1994 seeking recovery of the compensation to the tune of Rs.3,00,000/-. The suit was partly decreed and respondent Nos. 1 to 3 were directed to make payment of Rs.10,000/- along with interest at the rate of 6% p.a. from the date of suit till realization. 2. The appellant being aggrieved and dissatisfied with the amount of damages, awarded by the trial court, has filed this appeal on the point of quantum only. The parties herein are referred to their status in the Special Civil Suit No. 42 of 1994.

3. The agricultural land Gat No.436, the subject matter of the suit, is situated at village Upli, Tq. Majalgaon, District Beed admeasures about two hectares and 51 Are. The defendants have constructed the reservoir, for the purpose of irrigation, on Kundlika river flowing from the vicinity of village Upli. Initially, it was medium irrigation project. However, as of today, it is large minor irrigation project. The left bank canal has been constructed by the defendants, which is adjoining to the
































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