STATE OF MAHARASHTRA Vs. GANPAT KAWADU DHANDE

JUDGEMENT

(1.) HEARD. These appeals have been preferred by the original non-applicant/ state of Maharashtra, appellant herein, against the award dated 09-02-1987, passed by the civil Judge, Senior Division, Yavatmal in Land acquisition Case Nos. 317 to 322 of 1981, whereby, by common judgment, based on common reasonings, awarded additional compensation @ Rs. 10,500/- per acre in respect of the lands similarly situated, and also awarded 12% compensation from the date of section 4 notification dated 19-02-1978 till the date of award dated 25-8-1981, and awarded solatium @ 30% on the said amounts. COMMON FACTS :

(2.) THE basic facts are that, by a notification dated 18-2-1978, the appellants had acquired various lands for Minor Irrigation works at Yavatmal. The details of the lands notified,. are situated at village Banait, Tq. Darwha, District Yavatmal. The respondents herein are concerned with the land bearing survey number and area, as stated below : <FRM>JUDGEMENT_142_ALLMR1_2005Html1.htm</FRM> As per record the claims were made by the respective land owners/respondent @ rs. 12,000/- per acre, as irrigated land. No evidence was led by any claimants/respondents in support of their claims before the Land acquisition Officer. After considering the sale instances and material on the record, including the quality, irrigation facilities of the lands in question, by common award dated 25-8-1981, the respective compensation were awarded by the Land Acquisition Officer, for irrigated lands and dry lands respectively.

(3.) THE respondents, land owners, therefore, preferred applications under section 18 of the Land Acquisition Act, (for short 'the act'), before the concerned authorities, by separate applications dated 30-09-1981, and basically prayed for additional compensation along with other connected benefits. The same was resisted by the appellant by its written statement dated 22-10-1983, and supported the award passed by the Land Acquisition Officer.