EXECUTIVE ENGINEER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals are arising out of the judgment and award passed in Land Acquisition Reference Nos.497 of 2012 and 498 of 2012 by learned Civil Judge Senior Division, Osmanabad on 5/4/2014, thereby allowing the reference under Sec. 18 of the Land Acquisition Act filed by the present respondents.

(2.) We would like to say that the claimants have come with the case that they are the owners of land Survey No.154 admeasuring 1 H 47 R and Survey No.152 admeasuring 3 H 45 R respectively situated at village Shekapur, Taluka and District Osmanabad. The lands were acquired for construction of godown of then Maharashtra State Electricity Board. (for short "M.S.E.B.") The date of Notification under Sec. 4 of the Act was 15/9/1993, but prior to that the possession was taken by negotiation on 25/3/1992. The Special Land Acquisition Officer had passed the award on 25/6/1996, which was at the rate of Rs.240.00 per R and Rs.270.00 per R, however, the claimants felt dissatisfied with the said award passed by the Special Land Acquisition Officer and, therefore, they filed reference under Sec. 18 of the Land Acquisition Act.

(3.) In the petition, the petitioners contended that they were not given opportunity to lead evidence and the award has been declared ex-parte/arbitrarily. Though the possession was taken much earlier, no amount was paid as rent or damages. The market price of the acquired lands in the year 1992-1993 was much more than the price calculated by Special Land Acquisition Officer. The Special Land Acquisition Officer had not considered the location of the acquired land and its potentiality to convert it into non agriculture. In fact, the lands are situated 2-3 kilometers from Osmanabad - Tuljapur State Highway. The adjoining lands are used for residential purposes. Some lands were meant for education and commercial activities. Under such circumstance, the Special Land Acquisition Officer ought to have granted adequate amount of compensation. The amount of compensation that has been granted is very meager and the claimants, therefore, sought enhancement at the rate of Rs.100.00 per square feet.