COLLECTOR Vs. SADYA SAKHARAM BAWANE

JUDGEMENT

(1.) THIS is a second appeal filed by the original non-applicant collector, Wardha challenging the judgment and order passed by the Additional district Judge, Wardha who allowed the appeal and set aside the decree of the court of first instance and directed the appellant to pay additional compensation of Rs. 23,654/- with future interest at the rate of 9% per annum.

(2.) BRIEF facts are as follows: that, the applicant's land Kh. No. 105/2, admeasuring 10. 49 acres, situated at village Masod, Tahsil-Arvi, District-Wardha had been acquired for the public purpose by the Executive Engineer, Medium Project Division, Wardha for the construction of Dham Irrigation Project. The Special Land Acquisition officer passed an Award granting compensation to the applicant to the tune of Rs. 10,677. 30 and Award was published on 28/03/1978. The appellant, preferred a reference under section 1 8 of the Land Acquisition Act before the District Court and sought enhancement of the compensation to the tune of Rs. 40,000/ -. This reference under section 18 of the Land Acquisition Act was filed before the Joint Civil Judge, Senior Division, Wardha, who vide judgment and order dated 20/02/1985; dismissed the said application.

(3.) BEING aggrieved by the said judgment and order, the applicant preferred an appeal before the Additional District Judge, Wardha. The Additional district Judge, Wardha by judgment and order dated 27/10/1989 set aside the judgment and order passed by the Civil Judge, Senior Division, wardha and granted additional compensation to him. Being aggrieved by the said judgment and order, the Collector, Wardha has preferred the second appeal. The substantial question of law which is raised in this second appeal is as to whether the Additional District Judge had the jurisdiction to hear and decide the appeal against the order passed by the Civil Judge, Senior Division, who had passed the said order under section 18 of the Land Acquisition Act.