COLLECTOR YAVATMAL Vs. LAXMAN TANBA JUMLE

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and the respondent.

(2.) This appeal challenges the judgment and order dated 9/4/1991 passed by the Civil Judge, Senior Division, Pusad in Land Acquisition Case No.231 of 1990. The parties shall be referred to in the manner as they appear in the impugned judgment.

(3.) The land of the petitioner (the respondent herein) was acquired by the respondents (appellants herein) ad measuring 1.77 H.R. from the property survey No.53/3 of village Khandapur by a notification issued under Section 4 of the Land Acquisition Act dated 24/4/1982. By an award passed by the Land Acquisition Officer dated 11/12/1985 the compensation for the land of the petitioner was fixed @ Rs.9,000/- per hectare. Being aggrieved by the said award, the petitioner sought a reference for enhancement of compensation under Section 18 of the Act. After framing of issues and recording the evidence, by the impugned judgment dated 9/4/1991 the learned Civil Judge, Senior Division awarded the compensation @ Rs.22,500/- per hectare for the land of the petitioner beside other statutory benefits. Being aggrieved by the said judgment and order, the present appeal has been preferred by the respondent. The petitioner filed cross objection on 02/11/1992 claiming that the amount payable to the petitioner should be enhanced to Rs.25,000/- per hectare.