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2022 Supreme(Bom) 458

M.S.SONAK
Executive Engineer, Works Division VI, GTIDC – Appellant
Versus
Prasad alias Raghuvir Shivram Chanekar – Respondent


Advocates Appeared:
For the Appellants :Mr. V. Sardessai, Addl. Govt. Advocate.
For the Respondents: Mr. P. Sawant.

JUDGMENT :

1. Heard Mr. V. Saressai, learned Additional Govt. Advocate for the State and Mr. P. Sawant for the claimants.

2. Both these Appeals, question the Judgment and Award dated 24/8/2011, made by the Reference Court in Land Acquisition Case No.25/2009.

3. The State, through the Executive Engineer, questions the impugned Award on the ground that no enhancement ought to have been awarded in this case and, in any case, there is no legal evidence on record to sustain the enhancement of compensation from Rs.50/- to Rs.207/- per sq. metre.

4. First Appeal No.21/2013 has been instituted by the Claimants whose land came to be acquired, urging that the enhancement to the extent of Rs.500/- per sq. metre was due and the Reference Court has erred in awarding the enhancement only to the extent of Rs.207/- per sq. metre.

5. Having regard to the aforesaid, it is only appropriate that both these Appeals are taken up for consideration and disposed of by a common Judgment and Order.

6. Mr. V. Sardessai learned Additional Govt. Advocate submits that the Reference Court erred in relying on the sale deed dated 5/4/2006, which was not at all a comparable sale instance. He submits that the sale deed is

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