STATE OF MAHARASHTRA Vs. SHANKAR KONDIBA BITAKE

JUDGEMENT

(1.) HEARD Mrs. S.S. Autade, learned A.G.P., for the appellant (Original respondent) and Mr. V.S. Bedre, learned Counsel for respondents (Original applicants).

(2.) THESE are the three appeals preferred by the original respondent -State of Maharashtra against the Judgments and Awards dated 27.7.1984 passed by IInd Jt. Civil Judge, S.D., Ahmednagar in L.A.R. No. 26/1983. 25/1983 and 27/1983 respectively.

(3.) THE State of Maharashtra issued notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') seeking to acquire the lands belonging to the claimants of Bitkewadi, Taluka; Karjat, Dist - Ahmednagar for public purpose namely for the percolation tank of village Bitkewadi, The notification was published in Government Gazette Part -I dated 26th November, 1981 at page No. 1830. The lands under acquisition are of village Bitkewadi. Declaration under Section 6 of the Act was published. The Special Land Acquisition Officer passed award on 8.9.1982. He fixed the market value of the acquired lands at the rate of Rs. 3000/ - per acre treating all the lands as Jirayat agricultural lands. The possession of the acquired area was obtained by private negotiation. The claimants accepted the amount under protest and requested the Land Acquisition Officer to refer all the applications for enhanced compensation to the Civil Court for determination of the adequate price contending that the market value of the acquired lands fixed by the Land Acquisition Officer is inadequate and the said rate does not. reflect the correct, market value of the lands prevailing at the material time of notification under Section 4(1) of the Act. They claimed compensation at the rate of Rs. 12,500/ - per hectare (i.e. Rs. 5000/ - acre) before the reference Court.