STATE OF MAHARASHTRA Vs. SHRIPATI NIVRUTTI MITKARI

JUDGEMENT

(1.) Heard.

(2.) The land of the claimant was acquired by notification under Sec. 4 of the Land Acquisition Act dtd. 2/3/1994, situated at village Kanherwadi, Taluka ' Kallam, in Gut No.94, to the extent of 59 Are for the purpose of project of percolation tank. For the acquired land, the Land Acquisition Officer had granted rate of land of Rs.18,000.00 per Hector and the claimant had accepted the amount under protest and filed the reference.

(3.) The claimant claimed that the acquired land was of superior quality and that the land had a well and other facilities. The claimant in the reference proceedings filed evidence in terms of sale deeds at Exhibit 20 and Exhibit 21 of the Taluka place Kallam, so also, sale deed instance at Exhibit 20 of village Kanherwadi, which is the adjacent land at 250 ft. away from the acquired land of the claimant, so also, the claimant led evidence of Pratap Vasantrao Kavade, through Exhibit 33, who was the witness to the sale deed, where the similarly placed land was sold for Rs.75,000.00 per Acre in the year 1994. He also led evidence of one Mr. Ramchandra Shankarrao Baraskar, consulting enigneer and approved valuer / civil engineer for the purpose of valuation of the well, Tal (stone paul) and cattle shade. The valuation given by Mr. Ramchandra Shankarrao Baraskar for well is Rs.1,06,559.00, for the Tal (stone paul) as Rs.39,000.00 and for the cattle shade the valuation is Rs.30,500.00, so also, as per the claimant there were 250 sandalwood plants on the acquired land. In support of the valuation of the sandalwood plants, no evidence was led by the claimant.