GOPALRAO Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award passed on 3rd May, 2008 in Land Acquisition Case No. 50 of 1995 by 2nd Joint Civil Judge, Senior Division, Buldana. The appellants' land bearing Survey No. 1442, admeasuring about 5.44 hectare was acquired for public purpose i.e. construction of irrigation tank at Brahmanwada, Amdapur. The Land Acquisition Officer granted compensation of Rs. 18,000/ - per hectare to the appellants and award for total amount of Rs. 62,498/ - as compensation for acquisition of the land was passed by the Land Acquisition Officer. The appellants felt that the compensation so granted was inadequate and, therefore, they preferred reference through the Collector under Section 18 of the Land Acquisition Act, 1894 before the Court of 2nd Joint Civil Judge, Senior Division, Buldana. The reference Court, after considering material available on record, enhanced the compensation from Rs. 18,000/ - per hectare to Rs. 23,000/ - per hectare by it's judgment and award passed on 3.5.2008. According to the appellants, the compensation should have been granted at least at the rate of Rs. 55,000/ - per hectare as there were comparable sale instances establishing the fact that market price of the land of the appellants was not less than Rs. 55,000/ - per hectare. Therefore, the appellants have preferred this appeal against the said judgment and award.

(2.) I have heard Mr. S.A. Mohta, learned counsel for the appellants, Mrs. M.N. Hiwase, learned A.G.P. for the respondent.

(3.) NOW , the points which arise for my consideration are: