ANIL Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) By this appeal, the judgment and decree dated 4th September, 1998 passed in Land Acquisition Case No. 433/92 by Jt. Civil Judge (Sr. Dn.), Pusad, district Yavatmal has been challenged. The agricultural land of the appellant bearing Gat No. 60, admeasuring 1 H 87 R situated at village Chincholi, district Yavatmal came to be acquired for the purpose of Arunawati Project. Notification under section 4 was published on 6-2-1986. The Land Acquisition Officer granted compensation for the acquisition of the land of the appellant by passing an Award on 4-3-1989. Since the compensation awarded by the Land Acquisition Officer was considered to be insufficient by the appellant, the appellant preferred reference under section 18 of the Land Acquisition Act for enhancement of the compensation. It was resisted by the respondents. Upon consideration of the evidence available on record and arguments of other side, the learned Civil Judge found that the appellant was not entitled to receive enhanced compensation as claimed, and therefore, dismissed the reference with costs by the judgment and decree dated 4-9-1998. Not satisfied with the same, the appellant is before this Court in this appeal.

(2.) I have heard Shri Jibhkate, learned counsel for the appellant and Shri Bhoyar, learned AGP for the respondents.

(3.) I have carefully gone through the impugned judgment, decree and record of the case and also the judgment and decree dated 22-12-1995 passed in Land Acquisition Case No. 418/92, copy of which as contained in Paper Book of the Reference Court, has been filed on record of the case. The Paper Book is marked for identification as "DOCUMENT-X" and the Judgment starting from Page No. 9 thereof and ending on Page No. 49 is marked as "DOCUMENT - Y Colly" and also the judgment and decree dated 21-1-1995 passed in LAC No. 432/92. The only point which arises for my consideration in the appeal is as under :