SITARAM GANGADHAR SHENDE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) HEARD Counsel for the appellants and the learned AGP for the respondents. Appellants are the owners of land and their land was acquired by the Respondents. SLAO granted Rs. 12,000/- per hectre. Being dissatisfied with this compensation, claimants preferred Reference to the Collector. The matter ultimately went to the Civil Court and the Civil Court dismissed the claim with costs, hence this Appeal.

(2.) THREE reasons are given by the courts below for enhancing the compensation. Firstly, according to the courts there was no evidence to show that the acquired lands falls within the command area or that there was any declaration of the Government though the lands will fall within command area. Secondly, according to the trial court the sale instances relied upon by the appellants could not be made the basis for enhancement of compensation because the land was acquired by the society for construction of house. The distance between the acquired land and the village was one mile. There was no N. A. potentially to the acquired land and the witness examined to prove the sale deed the Secretary of the society had admitted that they were ready and willing to purchase the land at any costs.

(3.) SECOND sale notice which is only of 1 guntha or one acre and which was by the side of the village for which the purchaser has paid Rs. 1,000/- per guntha was also not taken into consideration by the trial court. The trial court found that compensation granted by the SLAO and the classification of lands made by him depending upon their fertility was proper and no interference was called for.