PANDURANG HARIBA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants who are original claimants, have preferred this appeal against the judgment and award dtd. 30/9/2016 passed by the learned District Judge - 1, Omerga, Dist. Osmanabad (hereinafter referred to as "the learned Reference Court") in Land Acquisition Reference No. 523 of 2004 (Old No. 367 of 1996) whereby the compensation in respect of acquired land was enhanced to certain extent. As such, the appellants have fled this appeal for enhancement of the compensation.

(2.) The backgrounds facts of the case are as under :

(3.) Learned Counsel for the appellants submits that, the learned Reference Court did not appreciate the material and evidence on record in proper perspective and it also did not consider that in the connected matters from same notifcation, the claimants therein were granted rate @ Rs.4.00 per Sq. Ft. According to her, the learned Reference Court did not consider the non-agricultural potentiality of the land and also ignored the comparable sale instances produced on record. The learned Reference Court also failed to consider the report of Government valuer. Learned Counsel for the appellants in addition to her submissions at bar also fled written notes of arguments on record by relying on various judgments as follows :