: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.310 OF 2010 a/w CIVIL APPLICATION NO.4738 OF 2009 The State of Maharashtra & Ors. ... Appellants V/s. Madhav Narayan Nene & Anr. ... Respondents Ms.V.S. Mhaispurkar, AGP, for Appellant – State Mr.P.S. Dani for Respondent Nos.1 & 2 CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 23, 2010 P.C.: 1. The first appeal arises from the decree passed by the trial Court on 25.7.2008. The plaintiff i.e. Respondent No.1 filed a suit claiming that his land consisting of 21 ares had been taken over by the Government for the Hetwane project. According to the plaintiff, this land was taken over by the Government without any authority of law as no acquisition proceedings were initiated in respect of this land. The plaintiff therefore claimed damages. 2. The trial Court has decreed the suit and has directed the defendants i.e. the appellants herein to pay an amount of Rs.2,63,250/- by way of compensation alongwith 9% interest thereon from 10.6.2004. This amount obviously has been : 2 : decreed to be paid on account wrongful possession of the suit land by the State. 3. It appears that a notification u/s 4 of the Land Acquisition Act has already been issued. In case it is found that the land is necessary to be acquired by the State government and compensation is payable to the respondent in respect of the land, the compensation payable under this decree may be deducted from the final compensation payable. 4. Appeal dismissed. 5. Civil application also stands dismissed.