MADHAVRAO VENKABO HULNABADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant i.e. the original claimant has challenged the judgment and award dtd. 12/12/2001 passed by the learned Civil Judge (Senior Division), Ahmedpur (hereinafter referred to as "the learned Reference Court") in L.A.R. No. 1887/2001 (old L.A.R. No. 953/1990). Under the said Land Reference, the appellant had sought enhancement of the compensation awarded by Special Land Acquisition Officer (S.L.A.O.), but it was rejected by the learned Reference Court.

(2.) The background facts are as under :

(3.) The learned Counsel for the appellant vehemently argued that despite the claim of the appellant of Rs.25,000.00 per Acre, the S.L.A.O. granted meager compensation and the Reference Court, despite adducing evidence by the appellant, failed to consider the same and erred in rejecting the Land Reference. He submits that the appellant had in fact produced on record the sale instances at Exhs. 15 and 42 showing that the market rate of the lands under the acquisition was Rs.40,000.00 per Acre, but those sale deeds were also disbelieved by the Reference Court by observing that the witnesses examined in respect of the same were only attesting witnesses and neither vendor nor the vendee were examined. He pointed out that the State Acquiring Body though examined Registrar, but his rates were based on ready reckoner only and not on the market price. He also submitted that two Land References, filed by other villagers for the same project or acquisition, were allowed by the learned Reference Court by granting rate to the tune of Rs.35,000.00 per Acre, but that was also not considered by the Reference Court. Thus, he prayed for enhancement of compensation by setting aside the impugned judgment and award passed by the learned Reference Court.