ARVIND BHASKAR LIMAYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original claimant has filed the appeal being First appeal No. 32 of 1991 and the First Appeal No. 766 of 1991 has been filed by the State of Maharashtra.

(2.) Both the appellants in the aforesaid appeals are challenging the order passed in the Land Acquisition Reference No. 114 of 1985 decided by the Civil Judge, Senior Division, Alibag, District Raigad, whereby he partly allowed the reference and ordered the State government to pay an amount of Rs. 3,69,932. 92ps. to the claimant with interest as per Section 28 of the Land Acquisition Act, 1894 at the rate of 9% per annum on the said amount from the date of the said order till realisation of the entire amount along with costs to the claimant and directed the Government to bear its own costs. FACTS:

(3.) Brief facts, which are relevant for deciding the appeals, are as under:-The Special Land Acquisition Officer issued notification under section 4 in respect of Survey No. 48/b for an area of land admeasuring 537 sq. meters, out of the entire area of the land. The said notification under Section 4 was published on 30th August, 1984 in the Government Gazette, and thereafter, the notification under Section 6 was also published. Individual notice under Section 9 (3) (4) was served upon the claimant. The claimant had replied the said notice and claimed rs. 2,000/-per sq. meter for the valuation of the land. The special Land Acquisition Officer awarded compensation at the rate of 7. 50 in respect of Survey No. 48, Hissa No. B (Pt. ) for an area admeasuring 2770 sq. meters and awarded compensation at the rate of Rs. 20/- in respect of Survey No. 48, Hissa No. B (Pt. ) in respect of an area admeasuring 537 sq. meters. Against the said award passed by the Special Land Acquisition officer, the claimant made application under Section 18 of the said Act in which he claimed compensation at the rate of rs. 2000/- per sq. meter. The evidence was led by the claimant and the reference Court awarded compensation in respect of land in the Survey No. 48, Hissa No. B (Pt. ) admeasuring 537 sq. meter to the tune of Rs. 150/-and also awarded damages to the tune of Rs. 150/-per sq. meter. The government has preferred the appeal being First Appeal no. 766 of 1991 challenging the enhanced compensation granted by the Reference Court and the claimant is challenging the amount of compensation not granted to the tune of Rs. 2,000/-per sq. meter as claimed by him in his reference Application under Section 18 of the said Act.