EXECUTIVE ENGINEER Vs. RAJESHWAR MADHAVRAO PATIL

JUDGEMENT

(1.) The acquiring body - Minor Irrigation Project, Latur, through Godavari Marathwada Irrigation Development Corporation, Aurangabad, has preferred these appeals against the judgment and award dated 16.11.2013, passed by the learned Joint Civil Judge, Senior Division, Ahmedpur, in Land Acquisition Reference (L.A.R.) Nos. 468, 693 and 694 of 2008.

(2.) Lands subject matters of these appeals have been acquired for construction of storage tank at village Lanji, Taluka Ahmedpur, District Latur. Having been dissatisfied with the amount of compensation offered by the Land Acquisition Officer(s), the land owners - respondents herein preferred L.A.Rs. The learned Reference Court, on appreciating the evidence in the matters, partly allowed the L.A.Rs. The acquiring body has, therefore, preferred these appeals.

(3.) Shri S. G. Bhalerao, learned Advocate for the appellant would submit that the Reference Court has blindly relied on the case laws pressed into service on behalf of the land owners. The amount of compensation, therefore, came to be enhanced manifold and without any rational. He would also submit that the interest under Section 34 and/or Section 28 of the Land Acquisition Act, 1894 (for short 'the Act '), has been awarded from the date of publication of notification issued under Section 4 of the Act i.e. from 04.11.2004 and 30.11.2004. The said direction is inconsistent with Full Bench judgment of this Court in the case of State of Maharashtra v. Kailash Shiva Rangari - AIR 2016 BOMBAY 141. The learned Advocate, therefore, urged for allowing the appeals.