STATE OF MAHARASHTRA Vs. RAMJAN KALU TADVI

JUDGEMENT

(1.) Both these appeals are arising out of same project, wherein the reference Court had decided the references on the same day and by common Judgment. The respondents herein had filed Land Acquisition Reference No.460/1991 and 461/1991 before Civil Judge Senior Division, Jalgaon. They came to be decided on 18.02.2000.

(2.) The original claimants have agricultural land in village Jinasi, Tq. Raver, Dist. Jalgaon. In L.A.R. No.460/1991 land admeasuring 01 H 10 R and 0.20 potkharab land from Gat No.32 was acquired and in L.A.R. No.461/1991 land admeasuring 00 H 55 R with 0.05 R potkharab land was acquired from Gat No.76/2 for submergence of Ambhore Medium Project. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred as "the said Act") came to be issued on 06.02.1986 and the Special Land Acquisition Officer ( for short, "Special LAO") had declared the Award under Section 11 of the said Act on 14.06.1989. The possession of the land has been taken by the private negotiations. The rate awarded by Special LAO was Rs.10,000/- per hectare i.e. Rs.100/- per R for jirayat land. Thus, the amount, which was granted in L.A.R. No.460/1991 by Special LAO, was to the tune of Rs.11,012/-, whereas for the land in L.A.R. No.461/1991 the compensation declared by the Special LAO was Rs.5,505/-. By the said reference both the claimants contended that the amount of compensation granted by Special LAO was too meagre and not as per the market rate. They claimed Rs.30,000/- per acre i.e. Rs.750/- per R.

(3.) The Government protested the claim by filing written statement. It was contended that the determination of the compensation by Special LAO was as per market value and Special LAO has considered all the relevant factors, which are required to be considered while granting compensation. It was also stated, that the claimants have received the amount of compensation without any protest, and therefore, the claim is barred. It was also stated, that the compensation that has been awarded by Special LAO is proper, adequate and legal.