RAMKISHAN BHIMRAO CHILGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are challenging the judgment and award dated 04.07.1988, passed by the Additional District Judge, Parbhani in Land Acquisition Reference No.435/82.

(2.) The appellants (hereinafter referred to as claimants') contend that the land belonging to them, situate at village Chilgarwadi, Tq.Gangakhed, District Parbhani, to the extent of 22 acres 23 gunthas, came to be acquired by the State Government for Masoli Project'. The notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act') was published on 15.04.1976 and after following the procedure as prescribed under the Act, the award came to be passed on 17.03.1982. The Land Acquisition Officer fixed the market price of the land at the rate of Rs.65/- per are i.e. at the rate of Rs.2600/- per acre. The claimants were not satisfied with the rate awarded by the Land Acquisition Officer. The claimants, therefore, made an application for referring the matter to the Civil Court for proper determination and claimed compensation to the tune of Rs.12,000/- per acre.

(3.) The Reference Court, after recording evidence adduced by the claimants, arrived at a conclusion that the proper market value of the land would be Rs.6000/- per acre and accordingly directed enhancement of compensation amount. The claimants are not satisfied with the quantum of enhancement awarded by the Reference Court and have, therefore, filed present First Appeal.