SATYABHAMABAI SITARAM DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS First Appeal arises out of an order passed by the Court below dismissing the reference made by the appellants under section 18 of the Land Acquisition Act, 1894 (for short, the Act ).

(2.) THE lands owned by the appellants bearing Survey Nos. 192 and 195/1 admeasuring 30 Hectares 76 Acre situated at Osmanabad were acquired for the purpose of M. I. D. C. The Special Land Acquisition Officer, passed his award on 15-2-1978. He valued the acquired land at the rate of Rs. 1875 per acre. The claimants were served with the notice under section 12 (2) of the Act on 2-1-1979. It appears that immediately thereafter, the appellants raised objection to the valuation of the acquired land, by their application on 1-3-1979. On their request, reference under section 18 of the Act was made to the Court for determination of the compensation, as according to the claimants, the valuation made by the Land Acquisition Officer was inadequate and was not acceptable to them.

(3.) IT may be stated that the reference of the present appellants, being Land Acquisition Reference No. 25 of 1980 has been decided alongwith companion Land Acquisition Reference No. 24 of 1980 preferred by the neighbouring land owners of land Survey No. 195/2. The evidence led in Land Acquisition Reference No. 24 of 1980 was also read as evidence for purpose of disposal of land reference of the present appellants. The learned Judge of the Court below by his common judgment, dismissed both the land references. In case of Land Acquisition Reference No. 25 of 1980, the learned Judge of the Court below passed the following order.