HALIMABIBI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard at length the learned advocates for the parties. Perused the records as well as written submissions. We have also gone through the various statutory provisions referred to in the course of arguments as also all the decisions relied upon by the learned advocates in their oral as well as written submissions.

(2.) The appeal and the cross appeal arise from the award dated 23rd June, 1993 passed by the Reference Court at Raigad, Alibag, in the Land Reference Case No.544 of 1986 which is a common award by which the Reference Court has disposed of 79 land acquisition reference cases. The appellants in First Appeal No.141 of 1994 are the respondents in First Appeal No.462 of 1994 and are hereinafter called as "the Claimants", and the appellants in First Appeal No.462 of 1994 are the respondents in First Appeal No.141 of 1994 and are hereinafter called as "the Government" .

(3.) The subject matter of the proceedings in the case in hand is the land bearing Survey No.285 situated in the village Jaskhar, Taluka-Uran, District -Raigad. In response to the notice under Section 9 of the Land Acquisition Act, 1894, hereinafter called as "the said Act", the claimants claimed Rs.50,000/- per acre thereby totalling their claim to Rs.16,78,750/- as the market value of the land in question. Besides, a sum of Rs.5,71,045/ towards the loss of business and costs of construction. The total claim of compensation was for Rs.22,49,795/-with solatium at the rate of 30%. The Land Acquisition Officer, however, rejected the claim of the claimants including the claim of ownership of the land in question, and therefore, declared the award of Nil compensation. Consequently, the claimants preferred an application for reference under Section 18 of the said Act.