THROUGH COLLECTOR Vs. DHANRAJ S/O SHIOLAL DAGA

JUDGEMENT

(1.) Heard Shri Mandpe, learned Assistant Government Pleader for the appellant and Shri Somalwar, learned counsel for the respondents.

(2.) This appeal under Section 54 of Land Acquisition Act is filed by the State Government challenging the enhancement in Land Acquisition compensation granted by Second Joint Civil Judge, Senior Division, Wardha, vide judgment dated 30.1.1989 in Land Acquisition Case No.26 of 1986. The Land Acquisition Officer had granted total compensation of Rs.18,053.40 as per his award dated 23.8.1978 and the Reference Court by impugned judgment has granted compensation of Rs.63,190/-.

(3.) The learned AGP has contended that compensation granted has been hiked under three heads. He points out that 7.18 Acres of land has been treated as dry crop land and for it compensation @ Rs.5,000/- per acre has been allowed. 2.24 Acres of land has been treated as irrigated land and for it compensation 1 times i.e. @ Rs.7,500/- per acre has been allowed. He further states that for non-agriculture user of 0.69 Acres of land, thrice the rate of dry crop land i.e. Rs.15,000/- per acre has been applied. He contends that after deducting the amount already paid, total amount of Rs.45,136.60 has been directed to be paid to respondents with 12% interest under Section 23(1-A) and solatium @ 30% under Section 23(2) and 9% of interest from the date of compensation till the payment in the Court under Section 28 of the Land Acquisition Act. He states that there is absolutely no evidence on record to substantiate such grant and therefore the judgment is perverse and needs to be set aside.