COLLECTOR, AMRAVATI CAMP Vs. SAU. VIMAL DEVIDAS KALE

JUDGEMENT

(1.) This second appeal is preferred against judgment and order dated 25.3.2004, passed by the learned Fourth Ad-hoc Additional District Judge, Amravati, in Regular Civil Appeal No.215 of 2003, whereby the appeal was dismissed, which arose from judgment and order dated 12.11.2002, passed by the learned Second Joint Civil Judge Senior Division, Amravati, in Regular Civil Suit No.20 of 2001, whereby the suit was decreed in favour of the plaintiff.

(2.) The question arose in this appeal is, whether the lower Courts were justified to consider the case of the plaintiff as the project affected person in view of the provisions of The Maharashtra Project Affected Persons Rehabilitation Act, 1986.

(3.) It appears that the case of the plaintiff is that she owned and possessed the agricultural land bearing Survey No.300/2 admeasuring 1H 75R, the State of Maharashtra had acquired 2H 95R belonging to the plaintiff as she also owned other land bearing Survey No.300/4 admeasuring 1H 20R situated at Mouja Tiosa, Taluka Tiosa, District Amravati. The plaintiff, as a result of acquisition, became project affected person as her land was acquired for the purpose of construction of "Upper Wardha Canal". She was left with land admeasuring about 36R only.