EXECUTIVE ENGINEER Vs. SUKHDEO NARAYAN TARATE

JUDGEMENT

(1.) These two appeals filed under Section 54 of the Land Acquisition Act, 1894 (for short 'the said Act') challenge the judgment and award in reference L.A.C. No. 90/2010 passed by the Civil Judge Senior Division, Darwha, hence, they are decided by this common judgment.

(2.) Land Gat No. 11 admeasuring 4H 04R at Village Antargaon, Taluka Darwha, District Yavatmal was acquired by the Government for submergence area of Antargaon Project. Notification under Section 4 was published in the Government Gazette on 13-3-2008 and the award was declared on 30-10-2009. The Land Acquisition Officer (for short 'LAO') granted compensation at the rate of Rs. 1,03,500/- per Hectare for land and awarded total compensation of Rs. 6,70,400/- for fruit trees. The claimant filed reference under Section 18 of the said Act and claimed enhanced compensation of Rs. 1,72,05,000/-. The reference Court after considering the evidence granted enhanced compensation for the land at the rate of Rs. 2,30,070/- per Hectare and compensation of Rs. 57,517.50 was given for barren (potkharab) land of 0.05R, for 410 big orange trees, compensation at Rs. 3500/- per tree, for 250 comparatively small orange trees Rs. 2500/- per tree, for 90 small orange trees Rs. 1500/- per tree, for 2 Tamarind trees Rs. 2000/- per tree and for Pomegranate tree, Rs. 900/- compensation was awarded by the reference Court along with statutory benefits.

(3.) Acquiring body has challenged enhanced compensation by filing First Appeal No. 1148/2016. The claimant is seeking further enhancement of compensation by filing First Appeal No. 425/2017.