PRABHAKAR RAGHUNATH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeals are filed by the appellants-claimants praying for higher compensation for their lands as also for the structures standing thereon which were acquired by the State of Maharashtra by issuing a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act").

(2.) The aforesaid properties were proposed to be acquired by issuing a notification under Section 4 of the Act for the purpose of Hatnoor Project which was published on 15.09.1983. Subsequently, a declaration was issued under Section 6 of the Act which was published on 24.05.1984. The Land Acquisition Officer passed an award on 22.09.1986 and possession of the properties was also taken on 18.10.1986. By the aforesaid award, passed by the Land Acquisition Officer, compensation for the properties was valued at Rs. 1, 10,547.50 which was directed to be paid to the claimants in the Land Acquisition Reference No. 2 of 1991. In so far as the Land Acquisition Reference No. 3 of 1991 was concerned, the Land Acquisition Officer determined the compensation at Rs. 4,67,500.53 and for the case in Land Acquisition Reference No. 4 of 1991, the Land Acquisition Officer determined the compensation at Rs. 7,20,464.91.

(3.) The appellants-claimants not being satisfied with the compensation awarded by the Land Acquisition Officer, requested a reference of their claims to the Civil Court on the basis of which the aforesaid reference cases, viz., Land Acquisition Reference Nos. 2 to 4 of 1991 were numbered. The claimants claimed compensation at the rate of Rs. 350 per square meter for the open land and at Rs. 2,000 per square meter for the structures. After recording evidence adduced by the parties and considering the oral as well as documentary evidence placed before the reference court, it granted enhanced compensation of Rs. 2,48,526 to the claimants in Land Acquisition Reference No. 2 of 1991, Rs. 5,10,562.50 to the claimants in Land Acquisition Reference No. 3 of 1991 and Rs. 10,84,605 to the claimants in Land Acquisition Reference No. 4 of 1991.