BHANUDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants ' original claimants are aggrieved by the award dtd. 28/11/2001 passed by the Civil Judge Senior Division, Bhandara in Land Acquisition Reference Case No. 30/2000.

(2.) The land bearing Survey No. 96/1 and 96/2 admeasuring 0.69 H.R. and 0.35 H.R. situated at Village, Shendri (Khurd) came to be acquired by the respondent ' State Government for irrigation project, namely, Indira Sagar Project. The notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act of 1894') was issued and published on 3/7/1992. The respondent no. 2 Land Acquisition Officer (LAO) has, vide award dtd. 14/7/1994, determined the market value of the acquired land at the rate of Rs.53,100.00 per Hectare. The appellants were not satisfied with the aforesaid rate and, therefore, preferred reference under Sec. 18 of the Act of 1894 before the civil court.

(3.) My attention has been invited to the valuation done by the LAO. He has relied upon two sale instances preferred by the appellants. Two persons have purchased separate parts of the agricultural land bearing Gat No. 424. Both the sale deeds were executed on 31/3/1992 and consideration amount was Rs.52,083.00 per Hectare. The LAO noted that material date is 13/9/1992 and thus was within close proximity and accordingly relied upon both the sale deeds to fix the rate of acquisition at Rs.53,100.00 per Hectare.