STATE OF MAHARASHTRA Vs. PARUBAI VITHAL GAWADE

JUDGEMENT

(1.) Heard Smt. S.D. Shelke, learned Asstt. Government Pleader for the appellant-State. None for the respondents.

(2.) The present appeals are directed against the judgment and award dated 26.8.1987 rendered by learned Additional District Judge, Beed, in Land Acquisition Reference No. 8 of 1985, along with a group of connected L.A.Rs. bearing Nos. 35, 17,12,9, 38,18,27, 37, 28, 39, 24 26, 40, 42 of 1985, 459 of 1986 and 36 of 1985, under Section 18 of the Land Acquisition Act (hereinafter referred to as the "said Act").

(3.) The lands under the aforesaid L.A.Rs. belonging to village Nimgaon-Bodkha, were acquired by the Government for construction of Sina irrigation project. Notification under Section 4 of the said Act, was published on 13.4.1978. The Special Land Acquisition Officer ("SLAO" for brevity's sake), Beed, was appointed under Section 3 of the said Act, who fixed compensation payable to the claimants for their lands acquired for the said project, under the common Award bearing No. 78/LNQ/CR/49, dated 5.3.1982. While passing the said award, the SLAO classified the lands in different groups on the basis of their revenue assessment. He also considered the sale instances. Accordingly, after considering the material before him, and also considering the nature of the lands i.e. dry lands and crops grown therein, such as, jawar, Bajara, Mug, Paddy, safflower, cotton etc., as also the fact that the lands were situated on bank river, fertility and potentiality thereof, the SLAO made the valuation which can be described with reference to the rate of assessment and the price fixed is given in a tabulated form which is reproduced below. ----------------------------------------------------------------------------------------------------------- Ratio of land revenue Group Price fixed Per Are. ----------------------------------------------------------------------------------------------------------- 0.00 to 1.25 ps. I Rs. 30/- Rs.1.26 to 2.50 ps. II Rs. 35/- Rs.2.51 to 3.75 ps. III Rs. 40/- S. No. 22, since it has high assessment. -- Rs.45/-