LAWS(BOM)-2004-10-157

SITAKANT M GHARSE Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On October 13, 2004
SITAKANT M GHARSE Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) THIS appeal is filed by the unsuccessful Applicant in Land Acquisition Case No. 287/94 against the Judgment/Award dated 25th August, 2000.

(2.) BY Notification published under Section 4(1) of the Land Acquisition Act, 1861, on Gazette dated 27th June, 1991, the Government had acquired about 81618 sq. meters of land for the purpose of constructing new BG line for Konkan Railway in Village Balli of Quepen Taluka from survey nos.45/1, 45/5, 45/6, 51/1 and 51/2. By Award dated 7th December, 1993, the Land Acquisition Officer awarded the said Applicant compensation at the rate of Rs.12/- per sq. meter.

(3.) WHEN the reference came up for hearing on 16th September, 1999, the examination and cross-examination of the said Applicant was partly recorded and the case was fixed on 4th November, 1999 and then adjourned to 28th January, 2000, and again on 30th March, 2000, and yet again on 13th July, 2000. On these dates, it is either the Applicant or his lawyer who did not appear before the Court as a result of which the evidence of the Applicant remained inconclusive but the learned Reference Court on 25th August, 2000, proceeded to pass the Judgment/Award by closing the case of the Applicant and as the Respondent did not wish to lead any evidence, in rebuttal.