THE STATE OF MAHARASHTRA AND ORS. Vs. MAHEBOOBBI

JUDGEMENT

(1.) STATE has filed this appeal against judgment and order of enhanced award passed by 7th Ad -hoc Additional District Judge, Beed in L.A.R. No. 258/1999, dated 20.12.2005.

(2.) IN this matter, there was acquisition of 60 R land from Survey No. 36/1; 73 R land from Survey No. 30; 15 R land from Survey No. 34/2, total 1 Hector 48 R land belonging to respondent, situated at Beed Taraf Pingale, Taluka and District Beed. Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 10.6.1993. Declaration under Section 6 came to be issued on 5.8.1993. Notice under Section 9(3)(4) was issued and claim was submitted on 10.8.1993. Award came to be passed on 24.7.1996. Notice was issued under Section 12(2) of the Act on 3.12.1998 and compensation was paid on 4.12.1998. The respondent accepted the compensation under protest.

(3.) THE appellants filed written statement in the reference proceedings. There is no dispute regarding other dates, but regarding taking possession of the land, appellants claimed that the same was not taken in May 1972, but claimed that the possession was taken in May 1982. (Even the reference Exh. 36 mentions that the possession had been already taken by mutual settlement). The appellants claimed that there was no documentary evidence filed for higher compensation. The award passed was correct. The amount of compensation had been received under protest. When notice was served under Section 9(3)(4) of the Act, respondent had not filed any claim with documentary evidence. Special Land Acquisition Officer considered sale transactions of adjoining lands and fixed the correct market value. The land was not in Municipal limits. Distance of Parli - Beed and Beed - Solapur Road was not correctly mentioned. Land was acquired for road purpose and it was agricultural land. The appellants claimed in the reference that the claim of the respondent should be dismissed.