LAWS(BOM)-2022-5-114

MIRZA MUKRAMALI Vs. STATE OF MAHARASHTRA

Decided On May 06, 2022
Mirza Mukramali Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal takes an exception to the impugned judgment and award passed in LAR No.3247 of 2001 by the Ad-hoc Additional District Judge, Udgir, District - Latur / Reference Court.

(2.) The agricultural land bearing Survey No. 238/1 admeasuring 2 Hectors owned and possessed by the appellant situated at Village- Deoni, Taluka-Deoni, District-Latur came to be acquired by the Respondents / State for extension of Gaothan. The Special Land Acquisition Officer was pleased to award the compensation to the appellant / claimant at the rate of Rs.5.00 per sq.ft. The appellant / claimant has demanded Rs.50.00 per sq.ft. which was prevailing market price at the time of Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereafter referred to as "the Act" for the sake of convenience). Feeling aggrieved by the amount of compensation determined by the SLAO, the appellant / claimant had filed Reference under Sec. 18 of the Act vide LAR No.3247 of 2001 before the Reference Court. The Reference Court after considering the rival pleadings of the parties, evidence on record and considering the argument advanced on behalf of both the sides was pleased to enhance the compensation at the rate of Rs.20.00 per sq.ft.

(3.) Feeling aggrieved by the rate of compensation determined by the Reference Court the claimant has preferred this appeal by taking aid of Sec. 54 of the Act.