STATE OF MAHARASHTRA Vs. LAXMANRAO NAMDEORAO PATIL

JUDGEMENT

(1.) The State - acquiring body has preferred this appeal against the judgment and award dtd. 20/4/2002 passed by the Civil Judge Senior Division, Biloli, Nanded (hereinafter referred to as "the learned Reference Court") in L.A.R. No. 28 of 1997.

(2.) The brief facts leading to the appeal are as under : The present respondents who are the original claimants had fled the aforesaid land reference under Sec. 18 of the Land Acquisition Act, 1894 for enhancement of compensation granted by the present appellant No.2 in respect of acquisition of their house properties bearing Gram Panchayat No. 70/1 and 77/1 situated at village Jigla, Tq. Biloli, Dist. Nanded. The total area of the aforesaid houses along-with the open land was 1495 sq. mtrs., wherein there was ground foor admeasuring 724 sq. mts. and frst foor of same dimensions was in existence. The open land was admeasuring 771 sq. mtrs. excluding the constructed area. The State - acquiring body published the notifcation under Sec. 4(1) of the Land Acquisition Act on 4/4/1991 and the appellant No.2 subsequently passed an award by granting rate of Rs.1853.00 per sq. meter in respect of open land admeasuring 771 sq. mtrs. and constructed area of 724 sq. mtrs. Thereafter, the learned Reference Court enhanced the said compensation by awarding Rs.23,98,500.00 along-with the shifting charges of Rs.90,000.00. The learned Reference Court also awarded other statutory benefts as mentioned in the award. Hence, this appeal.

(3.) Learned A.G.P. submits that, the learned Reference Court has granted exorbitant compensation and did not consider the valuation report prepared at the instance of State - Acquiring body and therefore prayed for reduction of compensation.