STATE OF MAHARASHTRA Vs. DHANANJAY DIGAMBER PATIL

JUDGEMENT

(1.) - Heard Advocates for the parties. Since common question of law and facts arise in both these appeals, the same were heard together and are being disposed of by this common judgment.

(2.) IN both these cases, the land of the respondent situated in the village Kale Sawargaon was sought to be acquired pursuant to issuance of notification under section 4 of the Land Acquisition Act, 1894. The notification was issued on 21-11-1973. The notices under section 12 (2) were issued to the respondents on 28th March, 1976, the day on which the respondents collected compensation. The respondents being dissatisfied with the compensation awarded by the Land Acquisition Officer, preferred reference under section 18 of the said Act and the applications were filed on 3rd May, 1976. The reference Court, placing reliance upon the sale instances produced by the respondents as well as on the statement regarding the yield from the property and the income received therefrom, enhanced the compensation in both the cases.

(3.) IN First Appeal 323 of 1981, which arises from LAR no. 4/1977, an area of 7 Hectares and 28 Ares was acquired and the Land Acquisition Officer had awarded compensation to the tune of Rs. 58,604/- whereas it was claimed by the respondent that he was entitled to a sum of Rs. 69,796/- in excess of the compensation already awarded. In First Appeal No. 324 of 1981 which arises out of award in LAR No. 3/1977, an area of 8 Hectares and 6 Ares of the respondent was acquired and the Land Acquisition Officer had awarded compensation of Rs. 64,833/- whereas it was claimed by the respondent that he was entitled for a sum of rs. 37,217/- in excess of the compensation already awarded. In both these cases, the reference Court while allowing the claim for enhancement has ordered the payment of the amount as claimed by the respondents.