STATE OF MAHARASHTRA Vs. GULAM HUSAIN MAINUDDIN TUNGEKAR

JUDGEMENT

(1.) Submissions were heard yesterday.

(2.) The Appellant-State of Maharashtra has taken an exception to the judgment and award dated 12th September, 1988 passed by the learned trial Court in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act").

(3.) The acquisition relates to lands bearing Survey No. 121, Hissa No. 3 and Survey No. 121, Hissa No. 5 totally admeasuring 2600 square meters at village Chanje, Taluka Uran, District Raigad. On 5th November, 1976, a notification under Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 read with Section 6 of the said Act was issued. On 30th December, 1981, an award was made under Section 11 of the said Act. The claim made by the Respondents - claimants for market value of the land was at the rate of Rs. 40/- per square meter. A claim of Rs. 25,000/- was made on account of the trees on the acquired land. In the award under Section 11 of the said Act, the Special Land Acquisition Officer divided the acquired land into two belts. The first belt was of the portion of the acquired land having depth of 35 meters and the second belt was of the remaining portion of the acquired land. The Special Land Acquisition Officer noted that the area of the acquired land falling in the first belt was 840 square meters and the area of the acquired land falling in the second belt was 1760 square mete' For the land covered by the first belt, he fixed the market value at the rate of Rs. 35/- per square meter and for the land falling in the second belt, he fixed the market value at the rate of Rs. 25/- per square meter. He offered compensation of Rs. 3135/- for the trees and Rs. 189/- for the structure on the acquired land. In the reference, claim for enhancement of the market value of the acquired land was made at the rate of Rs. 80/- per square meter and the claim for value of the trees was made at the rate of Rs. 11,000/-. By the impugned judgment and award, the learned trial Judge held that the market value of the entire acquired land was Rs. 35/- per square meter. The learned trial Judge in addition granted compensation of Rs. 5,000/- for the trees and granted statutory benefits under Section 23(1-A), Section 23(2) and Section 28 of the said Act.