STATE OF MAHARASHTRA Vs. KASHIRAO JAGOBAJI KHERADE

JUDGEMENT

(1.) THIS appeal arises out of the judgment and award dated 30.11.1996 passed by the Civil Judge, Senior Division, Amravati in Land Acquisition Case No.96/1992, whereby the compensation awarded by the Special Land Acquisition Officer for the lands acquired was enhanced from Rs.45,000.00 P.H. to Rs.67,500.00 P.H. The State challenges the award.

(2.) THE land bearing survey no.467 admeasuring 3.49 H.R. mouja Warud, district : Amravati was compulsorily acquired for the rehabilitation of flood affected persons, vide notification dated 25.11.1991. The Special Land Acquisition Officer declared award on 24.2.1992. Dissatisfied with the market value fixed by the Special Land Acquisition Officer, the land owner/ respondent sought reference. He claimed enhancement in the amount of compensation towards land, fruit bearing trees, two wells , tanks, pipeline and embankments. The learned Reference Court after appreciating the evidence brought on record held that the respondent/ land owner is entitled to compensation @ Rs.67,500.00 P.H.

(3.) MR . Solao, learned counsel appearing for the respondent / land owner, supported the judgment and award.