BALASAHEB YADAVRAO MAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by he claimant, Balasaheb Yadavrao Magar, against the order dated 29.11.1980 passed by the Civil Judge, Senior Division, latur, in Land Acquisition Reference No. 181 of 1980.

(2.) The land acquired in dispute was an area of 2acres and 20gunthas of Survey No.lOO-A of village, Kunki for the construction of Dhor-sangvi Tank and the possession was taken by negotiations in Dec. 1978. It was a case of the claimant that out of the total area of 2 acres and 20 gunthas, the Government had acquired 2 acres rendering the remaining area of 20 gunthas as unfit for cultivation. It was also a case that the area of 20 gunthas was occupied by the well and its material. The case of the claimant was that this land Sy. No. 100-A was being cultivated a Bagayat land with the assistance of well water situate in the said land. Necessary notification under Sec. 4 of the Act was published on 11.8.1977 and on the basis of the material on record, the Special Land Acquisition Officer declared the award on 26.4.1979 awarding rate of Rs. 1,800.00per acre for dry lands, Rs. 2,400.00 for seasonally irrigated lands and Rs. 2,800.00 per acre for Bagayat lands. The claimant had claimed compensation for the well, canal, Kotha, trees and bands but the Special Land Acquisition Officer refused to award any compensation in this respect. The claimant therefore, look up the matter to the Civil Court under Sec. 18 of the said Act for the enhanced compensation in Land Acquisition Reference No.l81 of 1990. The said references was heard and decided alone with other reference involved with respect to the said acquisition for the contraction of Dhorsangavi Tank of village Kunki.

(3.) On consideration of evidence on record the Civil Judge, Senior Division, Latur, fixed the rate of Rs. 5,250.00 per acre for the land in dispute but refused to pay any compensation in respect of the well, canal, Kotha, trees and bands. By the said order, the Civil Judge also awarded the interest at the rate of 4 per cent per annum since 1st Dec. 1978 till realislion and quantified the enhanced compensation at Rs. 4,743.75 paise. Feeling aggrieved by the inadequate amount of compensation awarded by the Civil Court, the claimant has filed this First Appeal No.538 of 1981 before this Court;