LAWS(BOM)-2010-10-281

SPECIAL LAND ACQUISITION OFFICER, KRCL AND CHIEF ENGINEER, KONKAN RAILWAY CORPORATION LTD Vs. MOHANDAS BHICU BHAT

Decided On October 14, 2010
Special Land Acquisition Officer, Krcl And Chief Engineer, Konkan Railway Corporation Ltd Appellant
V/S
Mohandas Bhicu Bhat Respondents

JUDGEMENT

(1.) These are cross appeals and are directed against the Judgment dated 22-7-2004 of the reference Court in L.A.C. No. 232 of 1995 by which compensation payable has been enhanced from Rs. 4/- to Rs. 28/- per sq. meter.

(2.) Applicant's land admeasuring 3,300 sq. meters from survey No. 77/12 of Loliem village was acquired by the Government vide notification issued under Section 4(1) of the Land Acquisition Act, 1894 gazetted on 27-6-1991, and by award dated 31-3-1994, the Land Acquisition Officer was pleased to award compensation at the rate of 4/- per sq. meter and 47,389.13 as the value of 112 trees existing in the said property. The cross appeal has been filed by the applicant taking objection for the deduction of the value of the trees.

(3.) In First Appeal No. 42 of 2005 by Judgment dated 6-10-2010 in the case of Smt. Shrimati Vishwanath Acharya (since dec.) rep. by her L.Rs. v. Special Land Acquisition Officer and Anr. in respect of survey Nos. 180/1 and 172/1 of the same village, this Court was pleased to enhance the compensation payable from 4/- per sq. meter as awarded by the Land Acquisition Officer to 21/- excluding the value of the trees paid separately.