STATE OF MAHARASHTRA Vs. FULYABAI KISAN GOVARDHANE

JUDGEMENT

(1.) ALL the above 80 appeals have been preferred by the state against the judgment/award dated 31st march, 2006 passed by 2nd Ad hoc Additional District Judge, Nashik. As the appeals arise from the same judgment/award, they can conveniently be disposed of by a common judgment.

(2.) THE facts giving rise to the present appeals fall in a narrow compass. The State of Maharashtra issued a Notification dated 2nd February, 1994 under section 4 of the land Acquisition Act, 1984, (hereinafter called the "act") intending to acquire 265. 54. 39 hectares of land from the revenue village Sanjegaon, taluka Igatpuri, district Nasik, for public purpose, namely, for Mukane dam out of Nadurmadneshwar project. In furtherance to the above Notification the declaration under section 6 of the Act was issued on 10th June, 1994. After having provided opportunity to the parties to present their case before the Special Land acquisition Officer (SLAO) he had pronounced his award dated 14th December, 1995 and depending upon the quality of the land the SLAO granted varied compensation to the claimants at the rate of from Rs. 40,000/- to Rs. 1,11,000/- per hectare for Jirayat lands. Bagayat lands were assessed at 1. 5. times the rate of jirayat land.

(3.) DISSATISFIED with the quantum of the compensation awarded the claimants preferred References under section 18 of the said act. The parties led documentary and oral evidence in support of their claims. The claimants had claimed enhancement of compensation before the reference Court primarily on the ground that the acquired land was situated on Mumbai Agra Highway, Taluka had been developed as a developed zone for industrial area, various industries had been established, the land was irrigated and grouping of the land into various classes by the SLAO was not justified. It was also their case that the land in question had industrial potential.