DATTATRAY UDDHAV UPLENCHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree dated 23/01/1995 passed in Land Acquisition Case No. 7 of 1994 by Joint Civil Judge, Senior Division, Yeotmal. The facts of the case may be stated in brief as under :

(2.) I have heard Shri Deshmukh, learned Counsel for the appellant and learned Assistant Government Pleader for the State. I have carefully gone through the impugned judgment and decree and also the record of the case. Now, the only point which arises for my determination is: Whether the Reference Court was justified in making 2/3rd deduction from the total area of the acquired land for the purpose of granting enhancement of compensation?

(3.) SHRI Bhoyar, learned Assistant Government Pleader for the respondent -State submits that the trial Court has considered this aspect of the matter very minutely by thoroughly considering the evidence available on record and, therefore, 2/3rd deduction made in the impugned judgment and decree cannot be said to be illegal or arbitrary. He submits that the learned Civil Judge has determined the market value of the acquired land at Rs.4.32 per sq. ft. on the basis of comparable sale instance of a developed plot of land and, therefore, making of 2/3rd deduction on account of the land required to be left out for formation of roads, civic amenities, etc. and the cost to be incurred for developing the land for residential purposes was not illegal. The learned A.G.P. relied upon the case of Chandrashekar (dead) by Lrs. and others Vs. Land Acquisition Officer and another reported in : (2012) 1 SCC 390.