PITAMBAR HEMLAL BADGUJAR Vs. SUB DIVISIONAL OFFICER DHULE

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the learned counsel on both sides.

(3.) This appeal by special leave arises from the judgment and decree of the High Court of Bombay in First Appeal No. 829 of 1982 made on August 24, 1992. The notification under Section 4(1) was published in respect of 2 acres of land covered in Survey No. 339/B on October 30, 1965 and Survey No. 339/A2 of 1 acre 34 gunthas on March 11, 1971 for purpose of establishing Market Committee. The Land Acquisition Officer awarded compensation at the rate of 25 pasie per sq. ft. in respect of B land acquired in the first notification and 35 raise in respect of A land acquired in the second notification. On reference under Section 18, the District Judge enhanced the compensation to the land covered under second notification at the rate of Rs. 2.50 per sq. ft. and confirmed the market value determined by the Collector for the land covered under the first notification. On appeal, the learned Judges of the High Court, while confirmed the compensation determined in respect of lands covered by the second notification, enhanced the compensation to Rs. 1.20 per sq. ft. in respect of lands acquired by the first notification. The claimants have filed this appeal for further hike in compensation whereas State has not come up in appeal.