KAMLABAI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE appeals arising out of the judgment and decree dated 20th July, 1998 passed in Land Acquisition Case No. 50/1991 by Joint Civil Judge, Senior Division, Amravati are being disposed of by this common judgment.

(2.) THE appellants in First Appeal No. 520/1998 are the claimants whose land bearing field survey No. 225/2 of Mouza Asra, Taluka Bhatkuli, District Amravati admeasuring 1.23 H.R. approximately equivalent to 3 acres was acquired by the respondents, who are the appellants in First Appeal No. 164/1999 for extention of village gavthan. The Notification under Section 4 of the Land Acquisition Act was issued on 15.2.1989. The Land Acquisition Officer determined the value of the land at the rate of Rs. 6,500/ - per acre and accordingly passed the award on 30.3.1991. Since the claimants felt that the compensation was insufficient and grossly disproportionate to the actual market value of the land, the award was challenged by making reference under Section 18 of the Land Acquisition Act. The learned Joint Civil Judge by her judgment and decree passed on 20.7.1998 found some substance in the contentions of the claimants and, therefore, enhanced the compensation by determining the market value of the acquired land at the rate of Rs. 20,000/ - per acre. The claimants were still not satisfied and wanted more. The result was filing of the present appeal by the claimants. On the other hand, the State of Maharashtra was also not satisfied with the judgment and decree impugned herein and therefore, the other appeal has been preferred by the State.

(3.) MR . Mohta, learned counsel for the claimants submits that determination of the market value of the land acquired by the reference Court is not in consonance with the evidence available on record. He submits that there have been several comparable sale instances brought on record by the claimants, but they were not considered appropriately by the reference Court and it arrived at a wrong conclusion that the market value of the land acquired was of only Rs. 20,000/ -, although it should have been determined to be at least at the rate of Rs. 6/ - per sq.ft.