VITHOBA BALI PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant - Vithoba Bali Pawar and appellant - Namdeo Gunda Kawale, who are the original claimants, have challenged the common judgment in their respective land references passed on 05/12/1997 by learned 2nd Additional District Judge, Latur (hereinafter referred to as ' the learned reference court') by way of their respective appeals namely First Appeal No.846 of 2002 and First Appeal No.847 of 2002. As against this, the respondent - State of Maharashtra in these appeals has also challenged the same judgment by preferring First Appeal No.1869 of 2015 and First Appeal No.172 of 2020 as against the aforesaid appeals respectively in their respective LAR No.57 of 1995 and LAR No.302 of 1995. Thus, the appellants - claimants have fled appeals for enhancement of the compensation amount, whereas the respondent - State has fled the appeals for reduction of the compensation amount. For the sake of convenience and to avoid ambiguity, the appellants - claimants are referred as 'the claimants' and the respondent - State is referred as 'State Acquiring Body'. Since all these appeals are fled against one and the same judgment, they are taken for fnal disposal through common judgment.

(2.) The background facts are as under : The State - Acquiring Body submitted proposal in the year 1994 for acquisition of the land at village Dapegaon, Taluka Ausa, District Latur for rehabilitation and resettlement of people after severe earthquake on 30/09/1993. Accordingly, preliminary notifcation under Sec. 4 of the Land Acquisition Act, 1894 (for short 'Act') on 18/07/1994 was issued and published in Government Gazette. In the said acquisition, land of claimant - Vithoba Bali Pawar admeasuring 1H 64R from Gut No.17 and land admeasuring 2H 34 R from Gut No. 38 situated in village Dapegaon, were acquired. Likewise, land admeasuring 1H 48R from Gut No.64 situated in the same village of claimant - Namdeo Gunda Kawale was acquired. The SLAO passed an award in respect of the aforesaid acquired lands on 02/09/1994 and awarded compensation @ Rs.23,000.00 per hector equivalent to Rs.230.00 per R to the aforesaid claimants. The aforesaid lands under acquisition, were taken into possession on 30/06/1994 by the State - Acquiring Body. Thereafter, claimant - Vithoba and claimant - Namdeo fled their respective land references namely LAR No.57 of 1995 and LAR No.302 of 1995 and the land reference court granted them compensation in respect of their land under acquisition @ Rs.7.00 per sq.ft. Feeling aggrieved with the said rates, the claimants fled appeals for enhancement, whereas the State - Acquiring Body has also challenged the impugned judgment and award on the ground that the reference court granted exorbitant compensation. Hence, these appeals.

(3.) The learned counsel for the claimants in their respective appeals fled written submissions in addition to his oral submissions at bar.