STATE OF MAHARASHTRA Vs. BHAGWAN VAIJINATH BHUJBAL

JUDGEMENT

(1.) HEARD the learned Advocates for respective parties.

(2.) A common question of law and facts arises in all these appeals therefore, they were heard together and are being disposed by this common judgment. The State being aggrieved by the common award passed in Land Acquisition Reference Nos. 317/78, 325/78, 320/78, 322/78 and 324/78 are being challenged in these First Appeal Nos. 121/80, 124/80, 125/80, 126/80 and 652/81 respectively. The challenge to the award is mainly on the ground that the Reference Court has granted enhancement of the compensation without there being sufficient evidence placed on record by the respondent-claimants to justify such enhancement. According to the appellants, there is no sufficient material on record to support claim of the respondents for enhancement of the compensation over and above grant by the Land Acquisition Officer to the respondents in respect of their respective plots, which were acquired under the notification under section 4 of the Land Acquisition Act, 1894 dated 21st July, 1973. The land acquired is from villages Lamthana and Chincholi-Jogan, which are stated to be situated at a distance of about one mile away from each other and they are situated in Ausa Taluka. The land was acquired by the Government for the construction of Chincholi-Jogan Tank and as such included different pieces of land belonging to the respondents-claimants herein. All the respondents after receiving the compensation awarded by the Land Acquisition Officer under protest, preferred references under section 18 of the said Act for enhancement of compensation. On reference of the said cases to the Reference Court, all the above cases alongwith some more cases were taken up together for hearing and common evidence was recorded in all the said cases wherein the common award dated 31st July, 1979 was passed, which is under challenge. In all these cases, the Land Acquisition Officer had awarded compensation at the rate of Rs. 1800/- per acre of the Bagayat land and Rs. 1500/- per acre of dry land, whereas the Reference Court has enhanced the same to Rs. 5000/- per acre of the Bagayat land and Rs. 3000/- per acre of the dry land.

(3.) UPON hearing the learned Assistant Government Pleader for appellant and the Advocate for respondents and on perusal of the records, the point which arises for consideration is whether the Reference Court on the basis of the material on record, was justified in granting enhancement of compensation from Rs. 1800/- to Rs. 5000/- per acre in case of Bagayat land and from Rs. 1500/- to Rs. 3000/- per acre in case of dry land.