STATE OF MAHARASHTRA Vs. SHESHRAO GANPATRAO SHELKE

JUDGEMENT

(1.) These First Appeals are filed by the State of Maharashtra challenging the judgment and award passed by the learned Civil Judge, Sr. Dn., Latur on 28th February, 1984. By notification issued under Section 4 of the Land Acquisition Act (hereinafter referred to 'the Act') published on 24th August, 1978, the lands of the claimants as indicated below were notified for acquisition for Talegaon Percolation Tank and following lands covered in this group of appeals, situated at village Talegaon Tq. Ahmedpur Dist. Latur were taken in possession : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Sr. No. F. A. No. LAR No. Gut No. Extend of landacquired H. Areas - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -1. 161/86 27/81 27/3/C 5 -202. 162/86 73/81 24 2 -303. 163/86 74/81 3 1 -404. 164/86 75/81 27/A/C 1 -105. 165/85 76/81 27/B/2 2 -206. 166/86 77/81 27/C 2 -97. 167/86 214/82 28/1 1 -26 - - - - - - - - - - - - - - - - - - - - -

(2.) AFTER issuance of the notification under Section 4, preliminary enquiry was conducted. After conducting the preliminary enquiry, the Land Acquisition Officer, Osmanabad by the award dated 19th March, 1981, determined the market value and accordingly awarded compensation to all the claimants at Rs. 1500 per acre. The claimants were not satisfied with the award. Therefore, they requested the Special Land Acquisition Officer, Osmanabad to make a reference to the Civil Court for determination of market value by exercise of the powers under Section 18 of the Act. Accordingly, the Special Land Acquisition Officer, Osmanabad made a reference to the Civil Court.

(3.) AT the outset, it is made clear that in all these References though separate and individual claims are filed, but the contentions are same. Therefore, it is not necessary for me to burden this judgment by referring the contentions of all the claimant, but suffice to state the averment in Land Acquisition Reference No. 72/82. The claimant has contended that possession was taken by the Government on 24th August, 1978. He has submitted oral claim and statement of claim with documentary evidence, after receiving the notices under Section 9 of the Land Acquisition Act before the Acquisition Officer. He claimed the compensation at Rs. 5000 per acre. But the Land Acquisition Officer has awarded compensation at the rate of Rs. 1500 per acre. The claimant in the application stated the market value of Survey No. 27/B/C on the date of notification is not less than Rs. 5000/ -. It is contended that the acquired land having black cotton soil, the depth of the black cotton soil was more than 25 feet. The land is situated on the bank of river and the claimant was getting Bagayat as well as seasonal crops by using the river water. He also claimed that he was taking crop such as sugarcane, chilly, paddy, wheat, groundnut and jowar etc. The claimant claimed that he was getting annual income of Rs. 3000 from the Bagayat and 2000 from seasonal crop per acre per year. It is stated that though the documents were produced before the Land Acquisition Officer, he has not considered the evidence. The Land Acquisition Officer has not granted adequate compensation to the acquired land. Therefore, the claimant contended that he is entitled for compensation of the acquired land at Rs. 5000 per acre along with solatium and interest etc. All the references came to be opposed by the State Government by filing common say. By consent of the parties, the evidence was recorded in Ref. No. 72/1981 and all the references were tried together and disposed of by common judgment.