STATE OF MAHARASHTRA Vs. UTTAM

JUDGEMENT

(1.) The present appeal is directed against the judgment and award, passed by the Civil Judge, Senior Division, Nanded in Land Acquisition Reference No. 186 of 1989 on 13.8.1993. The appellants are the original respondents i.e. the acquiring body; whereas the respondent herein is the original claimant, who had filed the Reference before the Civil Judge, Senior Division, Nanded under Section 18 of the Land Acquisition Act, being aggrieved by the award declared by the Special Land Acquisition Officer under Land Acquisition Reference No. 186 of 1989.

(2.) The claimant is the owner and was in possession of the land Gat No. 325 of village Loha Mandava, Taluka Hadgaon. Appellant no. 2 herein acquired land admeasuring 88 Ares out of Gat No. 325 of village Loha Mandava as per notification under Section 4 (1) of the Land Acquisition Act for minor irrigation tank purpose. Appellant no.2 herein took the possession of the claimant s land at the time of notification dated 13.5.1988 under Section 4 (1) of the Land Acquisition Act.

(3.) The original claimant had filed reply to the respondents 3 fa446.94 notice stating the price of land acquired by the Land Acquisition Officer allegedly prevailing at the rate of Rs.3,000/per acre. However, it is the claimant s plea that no opportunity was given to him to adduce the evidence or to produce any document before the Land Acquisition Officer before passing the award and the said award was passed behind the back of the claimant and without ascertaining the facts and situation of the land under acquisition.