THE COLLECTOR, YAVATMAL Vs. HAJI DAUDBHAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 15.11.1989 passed by the Additional District Judge, Yavatmal in Land Acquisition Case No. 58/1983. The land bearing survey No. 4/2, area 1.9 H.R. out of the total area of 4.64 H.R. situated at town Arni, was compulsorily acquired at the instance of the Maharashtra State Road Transport Corporation for constructing bus -stand. The residential structure and godown standing on the said land were also subject matter of the acquisition. For the land and the structure, the Special Land Acquisition Officer awarded compensation of Rs. 37,968.50. Against this award the reference was sought. The land owner relied upon various sale instances and also brought on record that the land is in close proximity to the town Arni. Considering the evidence brought on record, the learned Reference Court did not allow any enhancement for the structure -residential and godown, however, enhanced the market value of the land to @ Rs. 2.00 per sq.ft. Aggrieved by this judgment and award, this appeal has been preferred.

(2.) MR . Yengal, learned A.G.P. contended that the evidence placed on record is wholly insufficient to claim compensation @ Rs. 2.00 per sq.ft. According to him onus which lay upon the claimants to prove the market value of the land has not been discharged.

(3.) POINT that arises for my consideration is :