LEELABAI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The present appeal is filed under Sec. 54 of the Land Acquisition Act by the land owner whose land bearing Survey No.251/1 admeasuring 0.99 HR situated at village Kolar, Tahsil and District Nagpur came to be acquired for submergence of Wadgaon Dam Project. Notification and Sec. 4 of the Land Acquisition Act was issued on 13/1/2005 and declaration of acquisition was issued on 1/1/2006.

(2.) The Land Acquisition Officer passed award under Sec. 11 of the Land Acquisition Act on 24/1/2008. The Land Acquisition Officer has granted compensation of Rs.1,57,000.00 for the land at the rate of Rs.1,58,670.00 per hectare. Apart from this, the Land Acquisition Officer has granted compensation of Rs.7620.00 for 150 teak trees standing on the land.

(3.) Dissatisfied with the amount of compensation awarded, the land owner file an application for making reference for announcement of compensation to which reference under Sec. 18 of the Land Acquisition Act was made to the Court of Learned Civil Judge, Nagpur. The reference came to be registered as Land Acquisition Case No.401/2008. The appellant claimed enhancement in the amount of compensation awarded on two grounds, (i) compensation for acquired land ought to have been awarded at the rate of Rs.6,25,000.00 per hectare; and (ii) he further claimed compensation at the rate of Rs.2000.00 per tree for 2085 teak trees standing on the acquired land.