CHINUBHAI KALIDAS PATEL Vs. STATE OF MAHARASHTRRA

JUDGEMENT

(1.) Vide judgment and order dated 20th July, 2002, the learned Joint District Judge, Thane, partly allowed Land Acquisition Reference No. 119 of 1987, enhanced the compensation and directed the authorities to pay compensation at the rate of Rs. 30,000/- per hectare with other statutory benefits including solatium. The claimant felt aggrieved from the said judgment has filed the present First Appeal before this Court praying for further enhancement. According to the claimant, the fair market value of the land in question is Rs. 25,000/- per sq.mtr. and the compensation awarded to him at the rate of Rs. 3/per sq.mtr. was entirely inadequate, unfair and unjust.

(2.) Notification under Section 4 of the Land Acquisition Act, 1894, hereinafter referred to as "the Act", was issued by the Commissioner, Konkan Division, on 11th June, 1984, intending to acquire the land in the revenue estate of village Yeoor, Dist. Thane, admeasuring about 10 hectares 39.9 acres in Survey No. 42/1, out of which 39.9 acres was situated in that village. The claimant claimed to be owner of the land falling in the said survey number admeasuring about 10 hectares. Notification under Section 6 of the Act, in furtherance to the earlier notification, was issued on 11th June, 1985, and whereafter the Collector determined the compensation and passed an Award. The claimant received notice under Section 12(1) of the Act on 21st January, 1987, that the land was taken over by the Special Land Acquisition Officer on 4th November, 1985. Against the award, as already noticed, the claimant preferred a reference under Section 18 of the Act wherein the compensation was enhanced to Rs. 3/-per sq.meter vide order dated 20th July, 2002, resulting in filing of the present appeal for further enhancement.

(3.) This appeal, along with the appeal filed by the State being First Appeal (Stamp) No. 23743 of 2003, was heard and the Court passed the following order on 5th June, 2007.