NIRMALABAI BHAUSAHEB DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these first appeals are taken up together for decision since the challenge therein is to a common judgment and award dated 27 th September, 2018 passed by the Court of Civil Judge Senior Division, Latur ('reference Court') in Land Acquisition Reference Nos. 899 of 2009, 902 of 2009, 900 of 2009 and 894 of 2009. The first group of four appeals has been preferred by the original land owners, whose lands have been acquired for construction of, "Sulabh Jal Sanvardhan Yojana Pazar Kalva, Babhalgaon" ('percolation tank'). The Special Land Acquisition Officer ('S.L.A.O.') offered compensation @ Rs.1150.00 per R (gunthas). The appellants in the first group of four appeals (land owners) claimed compensation @ Rs.300.00 per sq.ft. They, therefore, preferred aforesaid LARs. The reference Court partly allowed them by granting compensation @ Rs.166.00 per sq.ft. The appellants/original land owners are, therefore, before this Court in the appeals forming first group. The State too preferred the other four appeals (second group) for reduction of the rate of compensation awarded by the reference Court.

(2.) We have heard learned counsel for the land owners and learned Addl.G.P. for the State.

(3.) Learned counsel for the appellants / land owners would submit that the lands were located close to Latur town. Some of the lands from Gut No.28 and surrounding lands were acquired by the State for construction of police parade ground. The Division Bench of this Court in State of Maharashtra and Anr. Vs. Digambar Manik Kalyankar, First Appeal No. 1668 of 2014 and connected matters, granted compensation @ Rs.371.00 per sq.ft. He, therefore, strongly relied on the said judgment and urged for grant of compensation @ Rs.300.00 per sq.ft.