MAHARASHTRA STATE ELECTRICITY BOARD Vs. BAHIRA RANGNATH GUNJAL

JUDGEMENT

(1.) THIS appeal is directed against the Award passed by Joint Civil Judge, Senior Division, Ahmednagar (Reference court) in L. A. C. No. 213/1989, whereby the Reference Court enhanced the amount of compensation to Rs. 7,52,700. 00 from Rs. 2,81,400. 00 granted by special Land Acquisition Officer with other benefits like solatium and interest on the enhanced compensation. The Award is not challenged by the State by preferring an appeal, hence, the local authority, for whom the land in question was sought to be acquired, preferred this appeal, challenging the said Award, obtaining the leave of this Court.

(2.) RESPONDENT No. 1 - deceased Bahira Gunjal was the owner of an agricultural land Gut no. 287 to the extent of 7 hectares and 66 Ares, situated at village Kedgaon, Tq. Ahmednagar. Respondent No. 2 - the state of Maharashtra proposed to acquire the said land for the purpose of constructing 220 KV Substation. Present appellant had forwarded the proposal to the Collector, Ahmednagar for acquisition of this land. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short) was published in the Government Gazette dated 26/4/1974. The Special Land Acquisition Officer No. 2 Ahmednagar, declared the Award on 16/9/1985 and awarded compensation @ Rs. 40,000. 00 per hectare for first belt and Rs. 30,000. 00 per hectare for 2nd belt. A Notice under Section 12 (2) under the Act was issued and served on the petitioner/ claimant on 9/10/1986. Respondent no. 1 herein/claimant accepted the amount of compensation under protest and had filed a Reference under section 18 of the Act on 17/11/1986, claiming compensation @ Rs. 19,000. 00 per acre. According to the claimant. Land Acquisition Officer did not consider the sale instances, and potentiality of the land and on this count, he challenged the rate of compensation awarded by the Special Land acquisition Officer.

(3.) ON behalf of the Respondent No. 2 - State, written statement was filed before the Reference Court. According to them, the land was rightly classified on the basis of transaction. They also come up with the case that compensation granted by the Land Acquisition Officer is adequate as the Land Acquisition Officer has taken into consideration the evidence led before him about the sale instances of the neighboring lands.