STATE OF MAHARASHTRA Vs. RAM IQBAL MISHRA

JUDGEMENT

(1.) These first appeals by the State are directed against the award passed by the learned Civil Judge, Senior Division, Chandrapur, in Land Acquisition Reference Nos.32/90 and 15/90, whereby the learned Judge enhanced the compensation granted to the respondents herein from Rs.14,500/- per hectare to Rs.60,000/- per acre, i.e. about Rs.1,60,000/- per hectare.

(2.) The lands of the respondents were sought to be acquired for an open cast mine by notification dated 14-11-1985 issued under Section 4 of the Land Acquisition Act. This notification was last published on 22-1-1986, which is thus the relevant date for the purpose of determining the value of the lands. After taking further steps under the provisions of the Land Acquisition Act and considering the claims submitted by the land owners, by an award dated 21-10-1998, the Land Acquisition Officer granted compensation at the rate of Rs.14,500/- per hectare or Rs.5,800/- per acre to the two claimants. The land involved in First Appeal No.238 of 1992 is 4 hectares and 70 ares, whereas that in First Appeal No.239 of 1992 is 13 hectares and 53 ares. Being aggrieved by the compensation awarded, the land owners sought a reference to be made under Section 18 of the Land Acquisition Act to the District Court. They claimed compensation at the rate of Rs.75,000/- per acre or Rs.1,87,500/- per hectare. Upon considering the evidence tendered before him, the learned Civil Judge granted enhanced compensation, as indicated above.

(3.) The appellant-State as well as the acquiring body-Western Coalfields Ltd. felt aggrieved by enhancement of over ten times granted by the learned Civil Judge and, therefore, have assailed the award by preferring the present appeals, contending that the compensation granted at the rate of Rs.14,500/- per hectare by the Land Acquisition Officer was just and fair and in any case, it could not have exceeded Rs.20,000/- per hectare. Cross-objections have been filed on behalf of the respondent-claimants seeking further enhancement to Rs.1,00,000/- and Rs.75,000/- per acre respective in the two appeals.