VITTHAL LAKADAJI GAWANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal challenges the judgment and order dated 19/9/1992 passed by the learned Civil Judge (Senior Division), Pusad in L.A.C. No.25/1992 whereby the compensation for the land acquired of the appellant was determined at the rate of Rs.25,000/- per hector.

(2.) '' A portion of the land of the appellant admeasuring an area 1.87 H.R. was acquired pursuant to the notification under section 4 of the Land Acquisition Act which was published on 28th June 1985. The said land was located in the property Survey No.3/4 of village Bori which was acquired for submergence of Arunawati Project. After the formalities under the Land Acquisition Act were complied with an award was passed by the respondent no.3 dated 8/2/1988 whereby the compensation was fixed to Rs.12,500/- per hector. Being aggrieved by the said award, the appellants preferred a reference under section 18 of the Land Acquisition Act for enhancement of compensation at the rate of Rs.60,000/- per hector, claiming it is an irrigated land. The learned Civil Judge (Senior Division), Pusad after framing the issues and recording the evidence, partly allowed the reference and awarded the compensation for the land acquired at the rate of Rs.25,500/- per hector besides statutory benefits. Being aggrieved by the said judgment and order dated 19th September 1992 passed by the Reference Court, the appellants have preferred the present appeal seeking enhancement of compensation to the tune of Rs.37,500/- per hector.

(3.) '' Having heard the learned counsel for the appellants and the learned A.G.P. for the respondents the following points arise for determination -