VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, THROUGH ITS EXECUTIVE ENGINEER, MINOR IRRIGATION PROJECT, PUSAD, DISTT YAVATMAL Vs. PURUSHOTTAM VITHALRAO WANKHADE

JUDGEMENT

(1.) This appeal is preferred by the V.I.D.C., an Acquiring Body challenging the judgment and award dated 28/01/2005, passed by the Civil Judge (Sr.Dn.), Darwha in L.A.C. No. 144/1999 (old) and 1150/2004 (new), thereby granting enhancement in the compensation amount as awarded to the respondent no.1 herein, by the Special Land Acquisition Officer.

(2.) Brief facts of the appeal can be stated as follows: Respondent no.1 was the owner and possessor of the land bearing Gat No. 118 admeasuring 3 H 4 R, situated at village Sirasgaon, Tah. Ner. The land was irrigated by the water of the well situated therein. There were also fruit bearing trees like, Orange, Mango, Guava etc. The said land along with the trees came to be acquired for Sirasgaon Project by the Government in pursuance of the Notification issued under section 4 of the Land Acquisition Act, 1894 on 01/01/1998. The award was passed by Special Land Acquisition Officer on 19/03/1999, thereby granting compensation of Rs.44,250/ per hector for 2 H 24 R land which was cultivable and Rs.15,000/ per hector for 80 R land which was uncultivable (Potkharaba). The Special Land Acquisition Officer also granted compensation of Rs.4,87,337/ for trees and Rs.38,550/ for well.

(3.) Being not satisfied with the said amount of compensation, respondent no.1 approached the reference court, with a grievance that his land is irrigated one and it's market value was Rs.2,50,000/ per hector. It was contended that Special Land Acquisition Officer has committed an error in awarding separate compensation for Potkharaba land. It is denied that it was uncultivable. The grievance also was raised that the compensation awarded for the well and for fruit bearing trees, was at a very lower rate and the said compensation needs to be enhanced.