STATE OF MAHARASHTRA Vs. BHIKAJI ANANDRAO PAWAR

JUDGEMENT

(1.) The first appeal has been filed by the State contending that the judgment and order of the Joint District Judge, Nashik in Land Reference No. 269 of 1987 is erroneous mainly on the ground that the Court has awarded compensation at the rate of Rs. 193/- per sq. mtr. which was far higher than that awarded in respect of other comparable plots. Cross-objections preferred by the claimants indicate that the claimants are aggrieved by the aforesaid price being fixed at Rs. 193/- per sq. ft. in respect of the higher amount of Rs. 252/ - per sq.mtr.

(2.) The undisputed facts in this case are as follows: A notification under section 4 of the Land Acquisition Act was published on 18.9.1986 for the acquisition of 3200 sq.mtrs out of the land bearing survey No, 176 situated at village Malegaon District Nashik. This land was acquired for constructing a drainage and pumping station for the municipality of Malegaon. An award was passed on 1.6.1987 by which the Special Land Acquisition Officer granted compensation @ Rs. 56/- per sq.mtr.

(3.) Aggrieved by the decision, the claimants filed Land Reference No. 269 of 1987 before the District Court. It was contended that the market value of the area was Rs,500/- per sq.ft. as the plot was near the Bombay Agra road. It was further contended that the land had the potential of being used as non-agricultural land and therefore the claimants sought adequate compensation.