BILQUIS Vs. STATE OF MAHARASHTRA & OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) The judgment dated 02.09.2014 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in First Appeal No. 83 of 1994 is called in question in this appeal. By the impugned judgment, the High Court has reduced the compensation to Rs. 50,000/- per hectare for irrigated land and Rs. 9,500/- per hectare for dry land from Rs. 1,62,500/- per hectare awarded (uniformly) by the Reference Court. The High Court has also set aside the award of compensation to the claimant at Rs. 1200/- per orange tree.

(3.) Brief facts leading to this appeal are as under: The land bearing survey no. 32 admeasuring 9 Hectares and 20 Ares of village Pimpri Mokhed, Taluka Karanja, District Akola, Maharashtra was acquired for the purpose of construction of 'Percolation Tank' at village Pimpri Mokhad; notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was issued on 13.11.1986; declaration under Section 6 of the Act was published on 11.04.1987; award was passed on 31.03.1988 by the Special Land Acquisition Officer granting compensation at the rate of Rs. 9,500/- per hectare for the dry land and Rs. 12,500/- for irrigated land; the award amount was received by the claimant 'under protest', and she thereafter filed a reference application under Section 18 of the Act seeking enhanced compensation with all statutory benefits.