GAJANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment of the Bombay High Court whereby the appeal preferred by the Respondents under Section 54 of the Land Acquisition Act, 1894 (for short, 'the Act') was partly allowed and the amount of compensation determined by Civil Judge, Senior Division, Aurangabad (hereinafter described as, 'the Reference Court') was substantially reduced.

(2.) The Appellants' land comprised in Gat No. 85 measuring 6 acres situated in Mhasekot village, Aurangabad district was acquired by the State Government in 1982 for Hivra Medium Project. By an award dated 1.9.1986, the Special Land Acquisition Officer directed the Respondents to pay compensation amounting to Rs. 36,00,385.50/- to the Appellants under the following heads:

(3.) Feeling dissatisfied with the quantum of compensation, the Appellants filed an application under Section 18 of Act and claimed that market value of the acquired land is Rs. 150 per square meter. They also claimed higher compensation for the civil structure, machinery, electrical and mechanical installations of the Khandsari factory which they had established on a portion of the land. The Respondents filed reply to contest the Appellants' claim for higher compensation and pleaded that the award made by the Special Land Acquisition Officer was legally correct and justified.