THE STATE OF MAHARASHTRA Vs. SUKHDEO KASHIRAM PATIL

JUDGEMENT

(1.) Since both these appeals are arising out of the common judgment and award delivered by the Civil Judge, Senior Division at Jalgaon on 20.4.2000 in L.A.R. No.278 and 277 of 2000, I have heard the common arguments and I deem it appropriate to decide both these appeals by a common judgment.

(2.) The lands which are the subject matter in the present appeals were acquired for percolation tank at village Kurungi, Taluka Pachora, District Jalgaon. The Notification under Section 4 of the Land Acquisition Act (hereinafter referred as 'the Act') in that regard was published in the government gazette on 6.12.1990, whereas the award under Section 11 of the Act came to be passed on 3.4.1993.

(3.) Before the reference Court, the claimants had claimed the compensation at the value of Rs.1 lakh per acre. In order to substantiate the claim so raised, the claimant in L.A.R. No.278/2000 deposed before the Court. The claimant in L.A.R. No.277 of 2000 had given the power of attorney to claimant in L.A.R.No.278 of 2000 namely Kailas Sukdeo Patil to depose on his behalf also. In addition to oral evidence of said Kailas, the claimants examined one Subhash Kashinath Patil as their witness, who had purchased 19 - Aar land from one Geeta Bhila Patil vide registered sale deed on 25.4.1990 for a consideration of Rs.17,000/ -. The said land was situated at village Pardhade. In the evidence of said Subhash Patil, the said sale -deed was duly proved and was exhibited at Exh. 16. The claimants had also examined one more witness by name Ravindra Ghanshyam Chaudhari, who had carried out the valuation of the trees and had accordingly issued the valuation report.