STATE OF MAHARASHTRA Vs. SHRIRAM MANDIR SANSTHAN

JUDGEMENT

(1.) By this appeal filed under Section 54 of the Land Acquisition Act, the State of Maharashtra has questioned the rate of Rs.25,000/- per acre given by Reference Court to Respondent No.1 towards acquisition of Survey No.141, admeasuring 1 Hectare, 2 R. situated at village Balapur. It is an admitted position before me that land is within municipal limits of Balapur. The Land Acquisition Officer had granted rate of Rs.5,000/- per acre and Second Joint Civil Judge, Senior Division, Akola, by impugned judgment and order dated 29th July 1988, enhanced it to Rs.25,000/- per acre with 30% solatium under Section 23(2) and 12% interest under Section 23(1A) of the Land Acquisition Act.

(2.) I have heard Shri Kakade, learned counsel for the appellant . State and Shri Sohoni, learned counsel for respondent No.2. - acquiring body.

(3.) Both the learned counsel challenge the grant @ Rs.25,000/- per Acre contending that there is absolutely no evidence on record in support thereof. They state that Land Acquisition Officer has granted Rs.5,000/- per Acre after considering sale instances and as such the lower Court could not have ignored sale instances and sanctioned the hike. Both the learned counsel have invited my attention to evidence on record and also to its consideration in para 13 by the lower Court. The question therefore to be decided is : .Whether the lower Court was justified in sanctioning rate of Rs.25,000/- per Acre to present respondent No.1..