KAMALABAI VILASRAO RAJE NIMBALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these appeals arise from an award dated 15. 10. 1988 passed by the learned Civil Judge, Senior Division, Osmanabad, in land Acquisition Reference No. 44 of 1983 and hence, they being cross appeals are heard together and decided by this common judgment.

(2.) THE land admeasuring 2 Hec-48. 5 ares situated in Survey No. 3 within the limits of Osmanabad Municipal Council came to be acquired pursuant to the notification issued under Section 6 of the Land Acquisition Act read with section 126 (3) (4) of the Maharashtra Regional and Town Planning Act, 1966.

(3.) IN response to the notice issued under Section 9 (3) and (4) of the land Acquisition Act, the land owner had put forth specific claim and the special Land Acquisition Officer passed an Award on 31. 12. 1982 awarding the compensation at the rate of Rs. 10,0007- per acre, the total compensation amount being Rs. 71,443. 75 ps. As the claimant-owner was not satisfied with the compensation awarded by the Special Land Acquisition officer, a reference was made under Section 18 of the Land Acquisition Act to the Court below resulting in the impugned Award wherein the compensation amount has been enhanced to Rs. 7/- per sq. ft. which works out to about rs. 2,80,0007- per acre. The claimant had prayed for Rs. 25/- per sq. ft.