GANPAT GAJABA AVHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this group of five appeals arising out of common judgment and award dated 18.12.1987, passed in Land References under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as, "the Act"), filed by the claimants whose lands were acquired by the respondent/State, a common question is involved and, therefore, these appeals are being disposed of by a common judgment. All these appeals are filed by the original claimants against the judgment and award dated 18.12.1987 passed by III Joint Civil Judge, Senior Division, Ahmednagar, in Land Reference Nos. 302, 304, 298, 299 and 305 of 1986.

(2.) THE State of Maharashtra intended to acquire some lands from village Nalegaon, Kadgaon and Morchudnagar, taluka Ahmednagar, for the purpose of link road. Therefore, the State of Maharashtra issued notification under Section 4(1) of the Act, seeking to acquire the lands belonging to the claimants for the purpose, namely, construction of link road. The above notification was published in Maharashtra Government Gazette on 21.1.1981. Declaration under Section 6 of the Act was also published in Maharashtra Government Gazette. The Special Land Acquisition Officer was appointed to hold inquiry and fix the prices of the lands under acquisition. The Special Land Acquisition Officer determined the price of the acquired lands at the rate of Rs. 58,000/- per hectare and he passed the final award bearing no. LAQ/SR/237/81 on 20.8.1986.

(3.) THE claimants examined themselves in their respective Land Reference and as regards market value of the land, they adopted evidence led by the claimant in Land Reference No. 302 of 1986, in which the claimant examined Kantilal Hiralal Mutha at Exh. 15, who sold one plot having area of 5355 sq. ft. from Survey No. 121/3 for a consideration of Rs. 20,000/- to Nayansukh Chunilal Meher on 24.9.1981. The certified copy of the sale deed is at Exh. 16. The second witness examined by the claimant is Ganpat Avhad at Exh. 12, who is purchaser of plot no. 36 from Survey No. 131/3 having total area of 312 sq. mtrs. for Rs. 7,000/- from one Chandrakant Mutha. The sale deed is placed on record at Exh.13.