STATE OF MAHARASHTRA Vs. SARASWATI

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and Award passed on 25.08.1994 commonly in Land Acquisition Cases No. 437, 438 and 441 of 1992 and it arises out of Land Acquisition Case No. 438 of 1992.

(2.) THE land of respondents 1 and 2 comprising about 7.05 hectares was acquired for submergence of Arunawati Project vide Land Acquisition Case No. 4/65/84 -85 of village Chincholi. The Land Acquisition Officer granted compensation for the acquired land of respondents 1 and 2 at the rate of Rs. 14,000/ - per hectare and also granted compensation for two mango trees standing in the acquired land of respondents 1 and 2 at Rs. 2,602/ -. The Reference Court in Land Acquisition Case No. 438/92 enhanced the compensation for the acquired land and fixed it at Rs. 55,000/ - per hectare. The Reference Court also enhanced compensation for two mango trees at Rs. 4,000/ - per tree. Not satisfied with such an enhancement, the appellants have preferred the present appeal.

(3.) THE learned AGP, on behalf of the appellants, has submitted that the multiplier adopted by the Reference Court was on the higher side and it could not have been more than 10 considering the grade of the soil and the yield that the acquired land was producing per year. He submits that the compensation awarded by the Land Acquisition Officer was just and proper and the Reference Court should not have made any interference in the same. On the other hand, learned counsel for the respondents submits that the Reference Court has by application of income capitalisation method rightly fixed the compensation for the dry crop land and it has also been affirmed by this Court in several other cases arising from out of the same project and same village. He, therefore, submits that this appeal deserves to be dismissed.