LAWS(BOM)-2012-9-6

STATE OF MAHARASHTRA THROUGH COLLECTOR Vs. BIJENDRA PRASAD

Decided On September 04, 2012
STATE OF MAHARASHTRA THROUGH COLLECTOR Appellant
V/S
BIJENDRA PRASAD Respondents

JUDGEMENT

(1.) This appeal is arising out of the judgment and award dated 20.7.1991 passed by the Civil Judge, senior Division, Wardha in L.A.C. No.1/1986 whereby the reference sought by the land owners was allowed partly.

(2.) For the construction of Dham Irrigation Project the lands situated at village Masod, tahsil and district Wardha were acquired vide notifications dated 12.2.1976 and 15.7.1976. The Special Land Acquisition Officer held enquiry under section 11 of the Land Acquisition Act and declared its award. Dissatisfied with the amount of compensation fixed by the Special Land Acquisition Officer the land owner sought reference for enhanced amount of compensation. The state opposed the reference on the ground that the compensation awarded by the Special Land Acquisition Officer was just and adequate.

(3.) Learned Reference Court formulated necessary issues. Evidence, oral as well as documentary was adduced before the Reference Court. After considering the same, the learned Reference Court fixed the value of the land in terms of square feet @ Rs.1./- per sq.ft. Aggrieved by this judgment and award the State has preferred this appeal.