STATE OF MAHARASHTRA Vs. NIVARUTTI SANTU MOHITE

JUDGEMENT

(1.) This is the First Appeal under Sec. 54 of the Land Acquisition Act, 1894 (in short, 'L.A. Act') by the State against the Judgment and Award dtd. 16/8/2011 passed by the learned Jt. Civil Judge Senior Division, Osmanabad (hereinafter referred to as the 'Reference Court') in LAR No.34/2005, granting the rate of Rs.50,000.00 (Rs.Fifty Thousand) per Acre for acquisition of agricultural land bearing Gat No.146 admeasuring 2 Hectors, 56 Ares i.e. 6 Acres, 16 Ares, situated at village Walwad (Mohite Nagar), Tal. Bhoom, Dist. Osmanabad for the Percolation Tank which was initiated by the Land Acquisition Officer (for short, 'LAO') in file No.1999/LAQ/A/10.

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

(3.) The learned AGP appearing for the State submitted that, the State Government has taken policy decision by issuing Government Resolution dtd. 3/11/2016 and Corrigendum dtd. 23/2/2017 not to challenge the Awards of the Reference Court, wherein the compensation enhanced is up to four (4) times of the compensation awarded by the SLAO / LAO. He submits that in the case on hand, the rate awarded by the LAO is Rs.300.00 (Rs.Three Hundred ) Per Are, which is enhanced by the learned Reference Court to Rs.1250.00 (Rs.One Thousand Two Hundred Fifty) Per Are. He submits that the enhancement is very little over four (4) times than the compensation awarded by the LAO.