WAMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the appellant challenging the judgment and decree dtd. 15/2/2003, passed by the Civil Judge Senior Division, Wardha in Land Acquisition Case No.220 of 1991.

(2.) The brief facts are that the appellant Shri Waman son of Rajaram Gabhane is the owner of Survey No.105, admeasuring 4.99 hectare situated at Mouza Jamb. For the purposes of extension of Gaothan, the respondent-State sought to acquire 40 R out of the aforesaid land of the appellant (for short, the "said land"). The Notification under Sec. 4(1) of the Land Acquisition Act, 1894 (for short, "the Act") for acquisition of the said land was published on 3/9/1987 in the Official Gazette, and thereafter, the notification under Sec. 6 of the Act was issued on 29/12/1988. The Land Acquisition Officer (LAO) passed an award on 27/12/1990 assessing the compensation in respect of the said land at Rs.3,600.00 in addition to solatium at Rs.1,080.00 and interest of Rs.1,283.00. Though, the appellant was aggrieved by the same, he accepted the amounts under protest. Being dissatisfied with the amount of compensation received, the appellant preferred an application before the District Court at Wardha being Reference No.220 of 1991 under Sec. 18 of the Act, making a claim of Rs.25,000.00 per acre for the said land acquired by the Government in addition to solatium and further interest after deducting the amount already received by him. The Reference Court partly allowed the reference holding that the applicant was entitled to market price at the rate of Rs.13,500.00 per hectare. Applying the said rate to appellant's 40 R land acquired by the State, the Reference Court awarded enhancement in compensation and held that the appellant was entitled to enhanced compensation of Rs.3,207.00 in addition to interest @ 9% per annum for one year from the date of the award and thereafter @ 15% per annum till the amount was paid to him or deposited in Court.

(3.) Being aggrieved by the judgment of the Reference Court, the appellant is in appeal before this Court inter alia on the following grounds : (a) The Reference Court has failed to take into consideration the material placed on record in respect of the potential value of land which at the relevant time could have fetched a minimum of Rs.25,000.00 per acre as the market value was much higher.