BHIKUBAI SUVALAL TAPADE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) All these Appeals are arising out of a common judgment and order dtd. 14/10/1997 passed by learned Joint District Judge, Nashik, rejecting land acquisition references preferred by these Appellants under Sec. 18 of the Land Acquisition Act, which are as under :-

(2.) The facts in short giving rise to the present Appeals are as under :-

(3.) All these Appellants have approached this Court mainly on the ground that the learned Reference Court has failed to consider the evidence on record. The rate in the vicinity of the acquired land was around Rs.700.00 per sq.mtrs. The plots were from layout plan sanctioned by the Planning Department of the Municipal Authority. In support of their claim, they examined one of the claimants in LAR No.407 of 1990, namely Shrikisan Suvalal Tapade, who deposed on behalf of all the claimants. He gave an admission that the market rate was Rs.70.00 75/- per sq.mtrs. at the time of acquisition and that there was no NA permission to the acquired land till the date of possession. The next witness Harilal Bhilasheth Asmar was examined at Exh.13. This witness had purchased plot No.43 admeasuring 464.5 sq.mtrs. from one Mrs. Mandabai Chinda Patil for Rs.3,00,000.00 by way of sale-deed dtd. 12/6/1986. The plot is from the same survey number i.e. Survey No.6/1A. He has admitted that he had purchased the plot with the amenities like road. He further had admitted that he purchased the said land by paying more consideration as he wanted to put the said plot for commercial use. Considering the consideration for the plot, the rate is around Rs.464.5 per sq.mtrs. The claimants also relied upon the certified copy of the judgment and award passed by the Reference Court in LR No.126 of 1986. That award was in respect of the land from CTS No.1499 that was acquired for road widening. The said land was admeasuring 120 sq.mtrs. in thickly commercial area. The said land was NA land. The claimants have also relied upon an award passed in LR No.188 of 1988. In the said Land Reference, a sale instance that was executed was of plot No.60 from Survey No.13 on 22/7/1982 for Rs.20,000.00 where the rate was granted of Rs.85.00 per sq.mtrs.