RAVINDRA SAMIRMAL KOTECHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The First Appeal and Cross-Objection take exception to the judgment of the reference Court in Land Acquisition Case No.506 of 2005 dated 01.03.2011. Hence, they are being decided together by this common judgment.

(2.) The claimants are the owners of agricultural fields Gat nos.158, 179, 191 and 193 ad-measuring 2H 84R, 3H 10R, 3H 72R and 1H 22R respectively, situated at village Kopra (Barad), Tal. Babhulgaon, District Yavatmal, which were acquired for Bembla River Project. Notification under Section 4 of the Land Acquisition Act, 1894 (for short, the said Act') was issued on 15.01.2004. The award was declared on 15.01.2006. The Land Acquisition Officer awarded total compensation of Rs.3,04,897/- towards the acquired lands and total compensation of Rs.24,15,158/- was awarded towards Bor, Awala and Custard Apple trees respectively.

(3.) Being dissatisfied with the compensation awarded by the Land Acquisition Officer (for short, 'the LAO'), the claimants filed reference under Section 18 of the said Act and claimed enhanced compensation @ Rs.54,40,000/- towards land, Rs. 1,00,000/- towards construction of well, Rs.50,000/- towards construction of pipeline and Rs.4,42,00,000/- towards fruit trees. The total enhanced compensation of Rs.4,70,55,947/- was claimed in the reference. The reference Court has granted enhanced compensation for fruit trees as under :- Sr No.Gat No.Name of TreeQuantityEnhanced compensation per tree @ Rs.