SHAIKH RASHEED SHAIKH LATIF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals arise from an award dated 27.6.2001 in Land Acquisition Reference No.924 of 1996. First Appeal No. 1127 of 2002 has been filed by the claimants - land owners being dissatisfied with the compensation amount of Rs. 650/- per acre fixed by the Reference Court and First Appeal Stamp No.3260 of 2002 has been filed by the State challenging the said market value.

(2.) Maharashtra State Tourism Development Corporation came to be established by the Government of Maharashtra for the development of tourism and related activities all over the State and it is a "State-owned Corporation" The Director of the said Corporation approached the State Government vide letter dated 12.5.1989 with a request to acquire the land located in villages Fardapur and Thana in Soygaon taluka District Aurangabad and in the proximity of world-famous Ajantha Caves.

(3.) The Collector, Aurangabad, it seems had already caused a prior survey of these lands and a notification dated 16.4.1990 under Section 4(1) of the Land Acquisition Act came to be published in the State Government Gazette dated 14.2.1991 for acquisition of total 232 hectares and 20 acres land from different gut numbers in villages Fardapur and Thana. These were all agricultural lands as per the Collector and fit for the MTDC project to boost tourism development activities. The Land Acquisition Officer passed a common Award on 22.7.1993 and awarded compensation at the rate of Rs.300/- per are, by classifying the lands on the basis of land revenue fixed by the Survey and Settlement Department in two groups i.e. Group No.1 below Rs. 1.25 pas land revenue assessment per hector and Group No. II between Rs. 1.26 to Rs. 2.50 ps per hector of land revenue assessment. The lands located in Gut Nos. 71 to 73, 75 to 76, 81 and 83 to 87 of Fardapur village were placed in Group No. II, whereas, remaining lands of Faradpur and those in Gut Nos. 27 to 30 villages Thana came to be placed in Group No.1. For the second group the compensation was awarded at the rate of Rs. 3550/- per are i.e. Rs.50/- more than the compensation awarded to the first group.