STATE OF MAHARASHTRA Vs. POSHA RANGU MHATRE

JUDGEMENT

(1.) Heard.

(2.) The appeal and the cross-objections arise from the judgment and award dated 27-7-1989 passed by the Civil Judge, Senior Division, Alibag in Land reference Case No. 38 of 1989.

(3.) By the notification issued on 3rd February, 1970 under section 4 of the land Acquisition Act, 1894 (hereinafter called as "the said Act") the claimant's land bearing Survey Nos. 31/5 plus 8a' 35/1, 48/1, 49/4, 50/4 total admeasuring 18, 430 sq. metres in area situated in the village of Owe, Taluka Panvel, District raigad was sought to be acquired for New Bombay Project. The notice under section 9 (3) was issued on 7-3-1975. The award under section 11 came to be declared on 31-7-1986, awarding total compensation of Rs. 25,007.62. Being aggrieved, the claimant preferred an application under section 18 of the said Act, claiming enhancement, at the rate of Rs. 15. 00 per sq. metre. During the pendency of the proceedings before the Reference Court, the claimant sought to enhance the claim by way of amendment to Rs. 25. 00 per sq. metre. The reference Court, on completion of recording of evidence, enhanced the compensation at the rate of Rs. 15. 00 per sq. metre. Being aggrieved, the State has filed the present appeal. Being dissatisfied with the compensation enhanced by the Reference Court, the claimant preferred cross-objections.