SHIRISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This first appeal is directed against the judgment and order dated 19-09- 1989 passed by the Reference Court (IInd additional District Judge) , Aurangabad in Land acquisition Reference No. 64/1986, whereby the learned Reference Court rejected the reference of the present appellants/claimants.

(2.) The appellants/claimants were the owners of property bearing City Survey nos. 17848 and 17850 situated in an area of aurangabad city known as Pensionpura. The respondents, by issuing notification under section 126 (4) of the Maharashtra Regional town Planning Act, acquired 2805 sq. mtrs. area out of the two city survey nos. belonging to the claimants. The Special Land Acquisition officer, Aurangabad granted compensation @ rs. 40/- per sq. mtr. for the land acquired out of city survey No. 17848 and for the land out of city survey No. 17850 @ Rs. 19.60 per sq. mtr. Dis-satisfied with the compensation granted by the Special Land Acquisition officer, the claimants preferred Reference claiming compensation @ Rs. 120 per sq. mtr. and in addition, they have claimed an amount of Rs. 30,000/- towards loss due to severance of the property for the remaining land after acquisition remained with the claimants. They have made out a case that the land is located in a commercial area. The Special Land acquisition Officer while determining the compensation, did not consider the potential value of the property and by some hypothesis determined the market price which is grossly inadequate. According to them, they are entitled to enhance compensation to the tune of Rs. 2,76,293/- by enhanced rate and rs. 30,000/- towards the loss due to severance of property.

(3.) In the Reference Court, the respondents contested the claim on the contentions raised in written statement (Exh. 33). It has been contended that the special Land Acquisition Officer, after taking into consideration further developments and potential value of the property, fixed the compensation. So, the market rate by which the compensation was granted by the Special land Acquisition Officer cannot be said to be grossly inadequate. It has been contended that on the date of issuance of notification of acquisition, the acquired property had no commercial value and they prayed for dismissal of the Reference.