STATE OF MAHARASHTRA Vs. PRAKASH VASUDEO DEODHAR

JUDGEMENT

(1.) SINCE both the appeals arise from the same award passed by the Reference Court, and the matter involves common questions of law and facts, they were heard together and are being disposed off by this common Judgment.

(2.) FIRST Appeal No.47 of 1991 is by the State of Maharashtra, whereas First Appeal No.120 of 1991 is by the claimant, both dissatisfied by the award dated 30th September 1989 passed by the Civil Judge, Senior Division, Raigad at Alibag in Land Acquisition Reference No. 5 of 1986 have preferred these appeals.

(3.) THE land acquired bears Gat No.66/2, 66/3, 66/4-A and 66/4-B and 92/O and admeasured 2 hectares and 19 ares out of which 30.9 ares was in relation to the Gat No.92 and remaining was in relation to Gat No.66. Under matric system of measurement, the acquired land admeasured 7590 sq.mtrs. and remaining land of claimant was 14350 sq.mtrs. The claim of compensation was not only in relation to the acquired land but also in relation to the remaining land on the ground of loss suffered on account of acquisition of part of land of the claimant and as being severance charges. The Land Acquisition Officer had awarded compensation at the rate of 3.65 per sq.mtr. for an area of 3400 square metres, Rs.0.02 paise per sq.mtr. for an area of 300 square metres, and Rs.3.20.00 per sq.mtr. for an area of 3840 square metres and remaining area at the rate of 0.02 paise. Thus, the total compensation which was awarded was of Rs.24,705.00. After deducting Nazrana charges, the amount which was offered as compensation was Rs.24,439.00 for total area of 7590,excluding other statutory benefits. The claimant in the reference application had claimed sum of Rs.60.00 per square metre as the market value for acquired area as well as severance charges in relation to balance area. The reference court awarded compensation at the rate of Rs.35.00 per square metre in relation to acquired land as well as Rs.35.00 per sq.mtr. as the severance charges in relation to balance area of claimant’s property, apart from other statutory benefits.