TARADEVI CHIMANLALJI BHARTIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals arise out of Judgment and Order dated 15. 01.2005 passed by learned 2nd Ad-hoc Additional District Judge, Akola in Land Acquisition Case No. 183 of 2000 and therefore, both these appeals are being disposed of by common judgment. First Appeal No. 282 of 2005 is filed by the claimants. First appeal No. 155 of 2005 is filed by the State of Maharashtra through Special Land Acquisition Officer, Akola. The learned Ad-hoc Additional District Judge, Akola partly allowed the Land Acquisition Case/Reference and enhanced the compensation @ of Rs.100.00 per Sq. Ft. for the acquired land admeasuring 15562 Sq.Ft. and @ of Rs.100.00 per sq.ft for open sub-divided area, admeasuring 9464 sq.ft, with consequential benefits.

(2.) The facts leading to the appeals are as follows:-

(3.) The claimants being aggrieved filed the Reference. According to the claimants, the acquired land was converted to non agricultural purpose in Revenue Case No. NAP-34/Akoli Bk./56/1981- 82. The claimants laid 188 plots for residential purpose. The plots, roads and lanes had been demarcated on the land. The entry to that effect was made in the revenue record. The claimants sold the plots to different persons. The acquired land was non agricultural land. This fact was placed on record before the Special Land Acquisition Officer. However, the Special Land Acquisition Officer did not accept the same and held the acquired land being agricultural land. The demanded compensation was not awarded on the ground that the land was not developed and was falling in the flood zone. According to the claimants, the acquired land was not covered in flood line area, which is called as blue zone. According to the claimants, the acquired land is situated on the outskirts of Akola city. The area around the acquired land is fully developed. In the surrounding area there are residential colonies. In the vicinity of the acquired land there is Oil Industry and Krushi Utpanna Bazar Samiti Market. There are educational and other religious institutions in the surrounding area of the acquired land.