MAHAVIR SUGANCHAND GHOPDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In an appeal filed by the Acquiring Body under Sec. 54 of the Land Acquisition Act, 1894, the claimant in LAC No. 99/2010 (hereinafter to as the Cross-objector) has filed this cross-objection under Order XLI Rule 21 of the Code of Civil Procedure, 1908 (in short "C.P.C.") claiming enhanced compensation at the rate of Rs.2,50,000.00 per hectare with all other statutory benefits.

(2.) Heard Shri Purushottam Patil, learned counsel for the Appellants and Shri A.B. Nakshane, learned counsel for the Cross-objector. I have perused the record and considered the submissions advanced by learned counsel for the respective parties.

(3.) The Cross-objector is the owner of the land under Gat No. 65/1 admeasuring 1.21 hectare situated at village Thalegaon, Tq. and Dist. Yavat-mal. The said land was acquired by the Appellants/Acquiring Body for Bembla River Project. The notification under Sec. 4 was published on 14/8/2003 and the award was declared on 9/6/2005. The Land Acquisition Officer awarded compensation at the rate of Rs.91,578.00 per hectare. Being dissatisfied with the said compensation, the Cross-objector filed a reference under Sec. 18 of the Land Acquisition Act.