RAMA NAGU GAYAKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Award passed by the Joint District Judge, Beed dated 28.2.1995 in LAR No.516/1989 along with connected LARs, the original claimants in LAR No.1151/1989 have preferred this appeal.

(2.) Brief facts, giving rise to the present appeal, are as under :

(3.) The learned counsel for the appellant submits that, the claimant in LAR No.516/1989 has examined herself at Exh.23. Other claimants including the claimants in LAR No.1151/1989 adopted the said evidence by filing separate purshis in their respective petitions. Learned counsel submits that, reference court has erroneously held that there is no entry of well for irrigation facility in respect of the land acquired vide L.A.R. No. 1151/1989. Learned counsel has pointed that, in the award statement "E" the land gat No.275 which is the subject matter of LAR No. 1151/1989 is treated as partly as bagayat land on the water of well and, accordingly, compensation has awarded to the acquired land to the extent of 1H 62R by treating it as bagayat land. Learned counsel submits that, for the lands arising from the same land acquisition proceeding, the Reference Court has granted compensation @ Rs.1,000/- per Aar for bagayat land. Learned counsel submits that, the Reference Court has erroneously treated only the acquired land in LAR No.516/1989 as bagayat land and treated other acquired lands as jirayat lands. Learned counsel submits that, mere fact that certain crops are not shown in the 7/12 extract, no inference can be drawn that the land was non-irrigated. The same is on the back drop that the SLAO himself has treated the land gat No.275 as bagayat land to some extent.