Loss of Milk Business Qualifies for Land Compensation: Bombay HC

Case Title: Kashinath Dudhaji Gaikwad v. The State of Maharashtra

Case No.: First Appeal No. 20 of 2012

Coram: Justice Abhay Ahuja

Court Observation

“What is not permitted after the expiry of the period of limitation specified in Section 18 of the Act is changing the nature of objections from one category to another… objection to amount of compensation, the land owner cannot after period of limitation, seek amendment to change the claim as objection to the measurement or objection to the apportionment,”

“The learned District Judge after taking into consideration the material, particularly oral and documentary evidence on record, ought to have granted enhanced compensation for the loss of milk business. However, by not granting the enhanced compensation towards loss of milk business, the Appellant had suffered financial loss,”

Loss of Milk Business Qualifies for Land Compensation: Bombay HC