STATE OF MAHARASHTRA Vs. BHANUDAS BALIRAM BIRAJDAR

JUDGEMENT

(1.) SINCE a common question of law and facts arises in all these appeals, besides being the fact that all the appeals arise from common award delivered by the Reference Court, in Land Acquisition Nos. 99, 100, 101, 102, 103, 124, 125 and 197 of 1978, in relation to the land acquired pursuant to the notification under Section 4 of the Land Acquisition Act, 1894, dated 7-6-1973, published in Official Gazette on 28-6-1973 for Kunhali Project from the village of Kunhali, and therefore, the same were heard together and are being disposed of by this common judgment.

(2.) PURSUANT to the said acquisition of land in the village of Kunhali, the land Acquisition Officer awarded compensation at the rate of Rs. 1,400/- per acre to the respondents herein in relation to their lands. Being dissatisfied, the respondents filed reference under Section 18 of the said Act for enhancement of compensation from Rs. 4,000/- to Rs. 10,000/- per acre. The Reference Court after recording the evidence in the matter, enhanced the compensation to Rs. 3,500/- per acre in relation to the dry land and Rs. 5,000/- per acre in relation to Bagayat land. Being aggrieved by the order of enhancement of compensation, the appellants have preferred the present appeals on the ground that the enhancement has been granted without any evidence to justify the same.

(3.) UPON hearing the learned Advocates for the parties and on perusal of records, the only point which arises for consideration in all these appeals, is whether the respondents have proved their claim for enhancement of compensation to the extent it was enhanced by the Reference Court.