NAMDEO BANDUJI MAHURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has challenged the judgment and award dtd. 25/2/2022 passed by the Civil Judge Senior Division, Darwha in LAC No. 128/2018.

(2.) The appellant is the owner of land survey No. 27/1, out of which land admeasuring 0.51 R of Mouza Arni, District Yavatmal, has been acquired by the respondent No. 1-State for the purpose of Arni Bye-pass road. In view of that on 02/07/1998, the respondents had issued notification under Sec. 4 of the Land Acquisition Act, 1984 (for short 'the Act of 1894'). The Special Land Acquisition Officer has passed an Award on 05/08/2000, thereby assessing the market value of the land @ Rs.150.00 per sq.ft. The appellant had accepted the amount under protest.

(3.) It is contended by the appellant that, due to financial constraint, the appellant had not filed any reference. However, other land owners have filed their references under Sec. 18 of the Act of 1894. The Reference Court, Darwha, had decided Land Acquisition Case No. 2073/2004 by which the reference Court was pleased to fix the market price of the land @ of Rs.250.00 per sq.ft. after deduction of 35% towards the development costs along with statutory benefits. The State has not challenged the said judgment passed by the Civil Court. In some other references, the reference Court has granted rate @ Rs.150.00 per.sqft in some cases @ Rs.250.00 per sq.ft. after deduction of 35% towards development costs.