UNION OF INDIA Vs. PREMLATA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 10/3/2021 passed by the High Court of Judicature at Bombay, Nagpur Bench in First Appeal No. 599 of 2019 and Cross Objection No. 14 of 2021, by which the High Court has determined the compensation for the acquired land at the rate of Rs.6.00 per square foot, subject to 1/3rd deduction, both, the acquiring body as well as the original claimant have preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under: That a notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the '1894 Act') was issued on 5/11/1992 seeking to acquire 65 Hectares 47 R land situated at Borkhedi Tahsil, District Nagpur. The said land was sought to be acquired by the Ministry of Defence for its Research and Development Organization. Acquisition proceedings in respect of 19 Hectares 79 R of the land were dropped and the actual land acquired came to about 45 Hectares 89 R. The dispute is with respect to four pieces of land bearing Survey Nos. 40, 41, 43/2 and 44 owned by the original claimant herein (appellant in Civil Appeal Nos. 178-179/2022).

(3.) Shri K.M. Nataraj, learned Additional Solicitor General of India appearing on behalf of the acquiring body has submitted that the acquiring body is assailing the impugned judgment and order passed by the High Court determining the compensation at Rs.6.00 per square foot, subject to 1/3rd deduction, primarily on the following grounds: