STATE OF MAHARASTRA Vs. BHAUSAHEB DAGADU DOKE

JUDGEMENT

(1.) THIS group of Appeals arises from the judgment and award passed by the learned Joint Civil Judge, Senior Division. Solapur dated 29th August, 1985 in Land Acquisition Reference No.70 of 1982 consolidated with other References viz. Land Acquisition Reference Nos.71 of 1982, 72 of 1982, 73 of 1982 and 74 of 1982. These appeals are filed by the Government challenging the judgment and award of the learned trial Judge awarding additional compensation in favour of the respondents-claimants in connection with the lands acquired under Notification under section 4 of the LAND ACQUISITION ACT, 1894 issued on 31-7-1979, for a public purpose viz. for construction of the canal work Begampur Branch at village Ankoli taluka Mohol, District Solapur.

(2.) AFTER issuance of the notification under section 4 of the LAND ACQUISITION ACT, 1894 and after issuing notices as contemplated under the Act, the Land Acquisition Officer has declared his award on 12-3-1982 granting compensation of land in favour of the respondent claimant by fixing the market value of the land by classifying the land in three categories and fixed the compensation at the rate of Rs.3500.00 per hectare. As the fixation of the market value of the land by the Land Acquisition Officer was inadequate, the claimants have moved the District Court by way of References under section 18 of the LAND ACQUISITION ACT, 1894 and the claimants have claimed compensation at the rate of Rs.10,000.00 per hectare.

(3.) IN the written statement, one of the contentions was also taken to the effect that considering the provisions of section 25(2) of the Land Acquisition Act, the References are not to be entertained. However, during the hearing of the said References, the contention was given up by the State and the Court was required to focus only on the point whether the claimants have established their case for enhancement of the compensation over and above the compensation awarded by the Land Acquisition Officer. In the References, the contention of the claimant was to the effect that the lands under acquisition are Bagayat lands and the classification by the Land Acquisition Officer by treating these lands as Zirayat lands is not proper and the real market value of the lands be assessed at the rate of Rs.10,000.00 to Rs.15,000.00 per acre.