MUNICIPAL COUNCIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal and Cross-Objection are preferred against the judgment and award dtd. 5/3/1999 passed by the learned Land Reference Court, Latur District Latur in Land Acquisition Reference No.232 of 1987.

(2.) Mr. A. D. Sonkawade, learned advocate for the appellant in First Appeal No.469 of 1999 and for respondent No.2 in Cross- Objection No.7 of 2026 pointed out that the land situated at Latur City, District Latur, bearing City Survey No.6398, Municipal No.9, admeasuring 7002 sq. ft., was acquired for the purpose of construction of Shopping complex under the notification published under Sec. 4 dtd. 23/3/1982. The Special Land Acquisition Officer (hereinafter referred to as the S.L.A.O.) passed an award on 23/9/1986 and awarded compensation @ Rs.11.61 per sq. ft. The reference was preferred against the award of the S.L.A.O, and the learned Reference Court enhanced the amount of compensation and awarded Rs.85.00 per sq. ft. Both the sides have preferred the appeal and cross-objection for reduction and enhancement of amount of compensation respectively.

(3.) Learned Advocate for the appellant submitted that the compensation awarded by the learned Reference Court is exorbitant and unsustainable. The learned Reference Court relied upon the sale exemplar at Exhibit-111 as well as the valuation report at Exhibit-32 and by applying incorrect method for determining compensation, awarded an exorbitant amount of compensation. He submitted that the learned Reference Court failed to make any deduction on account of the large area of the acquired land without considering that the sale exemplar at Exhibit-111 related to constructed property. He further submitted that the evidence of the witnesses was not properly appreciated and the other sale exemplars on record were not considered. He, therefore, prayed to allow the appeal be setting aside the impugned judgment and award. In support of his submissions he relied upon the following authorities.