KAMLAKAR BHAGWANTRAO DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two first appeals arise out of the reference under section 18 of the Land Acquisition Act, 1894. The Court below has rejected the claim for enhanced compensation in the references made on the request of the claimants.

(2.) THE lands belonging to the Appellants situated at village Hingangaon Taluka Kallam District Osmanabad were acquired under section 4 notification issued on February 4, 1976. On January 25, 1978 the Special Land Acquisition Officer passed the award granting compensation to the claimants at the rate of Rs. 2,400/- per hectare. None of the claimants accepted the award and on their request reference was made to the Court. It is their contention that they are entitled for the enhanced amount of compensation as the price of similarly situated lands in the vicinity was higher than Rs. 2,400/- per hectare. It has been further contended that the price prevailing on the relevant date of the comparable land was above Rs. 4,000/- per acre.

(3.) IN support of the claim for enhanced compensation the claimants have relied on three sale instances of the years 1969, 1972 and 1975 respectively, in addition to the previous judgment and award in Land Acquisition Reference No. 69 of 1978 in respect of the adjoining land which was also acquired for the same purpose under the same notification. The Court, which disposed of that reference, fixed the market value of that acquired land at the rate of Rs. 4,000/- per acre.