STATE OF MAHARASHTRA Vs. GOVIND GOMA GOVARI

JUDGEMENT

(1.) Both these appeals arise from the judgment passed by the Reference Court in Land Acquisition Reference No. 75 of 1987 on 31st August, 1988. The Appeal No. 710 of 1989 has been filed by the state of Maharashtra whereas the Appeal No. 1063 of 1989 has been filed by the claimants.

(2.) The land in question bearing Survey Nos. 283, 286, 280, 322, 277, 278, 220 and 334 totalling to an area of 27610 sq. metres situated in the village kamothe was sought to be acquired for New Bombay Project by issuance of notification under section 4 of the Land Acquisition Act, 1894, hereinafter called as "the said Act", on 3rd February, 1970, which was published in the government Gazette on 24th December, 1971. After issuance of declaration under section 6, a notice under section 9 (3) of the said Act came to be issued on 22nd September, 1975 and the same was served on the claimants on the very day. In response to the said notice, the claimants did not putforth any claim regarding the compensation for the land to be acquired. The Land Acquisition Officer by its award dated 31st December, 1985 offered the total compensation of rs. 1,36,244.50ps. which was at the rate of Rs. 1/- and Rs. 2/- p. s. m. for different areas of land.

(3.) Being dissatisfied, the claimants preferred an application under section 18 of the said Act claiming enhancement of compensation at the rate of Rs. 20/- p. s. m. After recording the testimony of the power of Attorney Holder of the claimants and the valuer, the Reference court by the impugned award enhanced the compensation to Rs. 4,02,890/- besides granting other statutory benefits. The enhancement has been done at the rate of Rs. 15/- per sq. metre for the area of 18190 sq. metres and at the rate of Rs. 12/- for the area of 9420 sq. metres. Hence, the present appeals.