ISLAM ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In these appeals, the State and the owner of the land, bearing Gat No. 97 to the extent of 1 hectare 43 R, situated at Village, Soundala, Tq. Telhara, District Akola, both have challenged the judgment and award dtd. 29/04/1994 passed by the 4th Joint Civil Judge, Senior Division, Akola in L.A.C. No. 13/1993 whereby the Reference Court fixed the market value of the land acquired @ Rs.25,000.00 per acre.

(2.) The State challenges the aforesaid judgment and award on the ground of exorbitant compensation, while the owner/ claimant challenges the same for enhancement of the compensation. The facts, necessary to decide the present appeals, may be stated as under :

(3.) A notification under Sec. 4 of the Land Acquisition Act, 1894 ("the said Act") was published on 26/04/1989 followed by the notification under Sec. 6 on 17/04/1990, and thereafter, notices under Sec. 9 were issued on 11/06/1990. Thereafter, further proceedings were completed, and considering the claim of the claimant and different sale instances, the Land Acquisition Officer ("LAO") passed the award. The LAO awarded the price of the acquired land @ Rs.17,500.00 per hectare. The total compensation awarded to the claimant is Rs.41,041.00 including solatium and interest. The award was passed on 02/05/1994.