SITABAI RAMRAO BHAGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal fled under Sec. 54 of the Land Acquisition Act, 1894 [hereinafter referred to as the 'L. A. Act'] for enhancement in the compensation awarded by the learned 4 th Joint, Civil Judge, Senior Division, Ahmednagar, vide Judgment and Award dtd. 18/11/2014, in the Land Acquisition Reference [L.A.R] No.38/2011.

(2.) The facts giving rise to the present Appeal are as under :-

(3.) It is submitted by the learned Advocate for the Appellants that, common well was available in Gat No.23, which was also shown in the Award passed by the SLAO and despite that, the learned Reference Court did not appreciate the same and granted compensation of Rs.4,506.00 considering the Appellants' land as 'Jirayat land'. It is submitted that, the land of Appellants be considered as 'Irrigated land' and the rate awarded by the learned Reference Court for the Irrigated land be granted and the Appeal be allowed. This is the only ground canvassed and pressed at the time of fnal hearing. The said ground is raised in the Appeal Memo at Serial No.V, which reads as under :-