STATE OF MAHARASHTRA Vs. SURESH AMBADAS WAGH

JUDGEMENT

(1.) ALL these four appeals are arising from the common judgment and award dated 29.11.2004 passed in Land Acquisition Case No. 171/2002, 174/2002, 173/2002 and 179/2002, whereby the compensation awarded by the Special Land Acquisition officer for the lands compulsorily acquired for the project - percolation tank, was enhanced to Rs. 50,000/ - per hectare. The details of the lands acquired are as under:

(2.) NONE appeared for the respondents. The point that arises for consideration is:

(3.) HONESTLY speaking there was no reason for the state to file appeal when compensation awarded ex -facie appears very meager and on the lower side. The Special Land Acquisition Officer fixed the market value at Rs. 35,000/ - P.H. was enhanced by Rs. 10,000/ -. It is pertinent to note that all these lands were under cultivation. Crop pattern suggest that crops like cotton, hybrid jwar, pulses were grown in the land. Evidence has been lead to the effect that the land acquired was having black cotton soil with basic facilities like hospital, bus stop, schools etc. The market places like Jamthi, Malkapur etc. are in close proximity. By adopting any method to determine the market value, in no circumstance the value of such fertile land and which is under cultivation, can be less than Rs. 20,000/ - per acre.