KAMLABAI GANESHSINGH PARIHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is filed by the original claimant for enhancement of compensation. It is the contention of the appellant that she is owner and possessor of land bearing Survey No. 22/2 admeasuring 0.68 HR situated at Mouja Navsari, Tah. and District Amravati, which was needed in the project of construction of Akoli diversion road. On 24/01/2000, the land acquisition proceedings vide L.A. Case No. 102/47/99-2000 Navasari had been started. Taking into consideration, the provisions of Sec. 126(4) of the Town Planning Act, notice under Sec. 6 of the Land Acquisition Act had been issued on 28/12/2000 and the award came to be declared on 28/12/2002. The Municipal Corporation, Amravati awarded an amount of Rs.6,48,000.00 per hector. The claimant being unsatisfied filed the Reference.

(2.) It is contended by the appellant that learned Reference Court (i.e. 2nd Joint Civil Judge, Sr. Dn., Amravati) without considering the judgement passed in similar circumstances, awarded an amount of Rs.8,00,000.00 per hector only in L.A.C. No. 243/2007.

(3.) The learned counsel for the appellant has drawn my attention to Annexure 'B' i.e. judgment in Reference in LAC No. 77/2005. It is contended that the same learned Judge awarded Rs.200.00 per square meter (It means 6,800 X Rs.200.00 sq.mtr. = Rs.13,60,000.00) for adjacent land. The learned counsel also drawn my attention to the village and project for which land is acquired, which is same in the said LAC. The plot from field Survey No. 23 is adjacent to the plot of present appellant. It can be seen from the 'Map' at Exh. 51. As such, the appellant is claiming on the ground of parity to award the same compensation in respect of his plot.