SURESH MAHADEORAO AJMIRE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, legality and correctness of the order dated 4 th January 2006 rendered in LAC No. 50 of 2004 by 4 th Adhoc Additional District Judge, Yavatmal has been questioned on the ground of grant of inadequate compensation.

(2.) The land of the appellant bearing Gat No. 90 admeasuring 1.62 HR situated at village Kotha (Fattepur) was acquired for the purposes of Bembla Project. Section 4 of the Land Acquisition Act notification was published 24th August 2000. The Land Acquisition Officer determined the market value of the acquired land to be at Rs. 63,686/- per hectare while in the reference application under Section 18 of the Act, the Reference Court determined the market value of the acquired land on the higher side or to be precise, at Rs. 70,000/- per hectare. The appellant was not satisfied with such determination of compensation and that is the reason now why he has come up in this appeal before this Court.

(3.) I have heard Ms Vijaya Thakare, learned counsel for the appellant; Shri B. M. Lonare, learned Assistant Government Pleader for respondents no. 1 and 2 and Shri Amol Patil, learned counsel for respondent no. 3. I have gone through the record and proceedings including the impugned judgment and award.