STATE OF MAHARASHTRA Vs. WAMAN TUKARAM HADKE

JUDGEMENT

(1.) THE above four first appeals are companion matters and can be disposed of with one judgment. For the purpose of project Krantishinh Nanasaheb Patil Venternery college the present lands were acquired by Special land Acquisition Officer No.16. Notice under section 4 was published on 13.1.1990. Thereafter an award was passed in land acquisition proceedings and against the said award passed in the land acquisition proceedings present appellants preferred land reference Nos.1 of 94, 3 of 94, 4 of 94 and 8 of 94 before the Joint Civil Judge Senior Division at Satara. Both the sides led evidence and after hearing both the sides by its judgement and decree dated 30-4-1994 the trial court enhanced the compensation for the claimants. By the said judgement and order the trial court enhanced the claims of the respondents herein as follows:-

(2.) AGAINST the aforesaid judgement and decrees passed in Land Acquisition References these First Appeals as mentioned above were preferred by the State the appellants herein.

(3.) IT is an admitted position that the lands acquired are surrounded by D zone and there are about 12 factories presently running in the vicinity. Around the suit lands there is a rapid growth of industrial and commercial activities and they at the time of acquisition of lands were being used as agricultural lands. Undoubtedly the lands have all the potentialities for using the said lands for industrial purposes. There are two roads, one State High way and one National High way passing just adjacent to the lands. There is a market yard and sub-station of M.S.E.B. very near to the suit lands. This coupled with the fact that the lands acquired are surrounded by D zone indicates that lands acquired have tremendous potentiality and prospects to develop as an industrial land. That there is tremendous industrial growth around the suit lands was also accepted by the Land Acquisition Officer, witness for the State in his cross examination. The land has also amenities of electricity and water in the event some industries established on the suit lands. In spite of this Land Acquisition Officer estimated the compensation of the acquired lands on the basis that they are agricultural lands ignoring its industrial potentiality.