STATE OF MAHARASHTRA Vs. SAVATRAM RAMPRASAD MILLS, AKOLA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and award passed by 3rd Joint Civil Judge (Sr.Dn.), Akola in L.A.C. No. 80/1998 on 02/02/2011.

(2.) Brief facts of the appeal, can be stated as follows: Respondent is the owner of the plot bearing no. 39, Sheet No.27A, situated at Akola. Out of this plot, appellant has acquired the area adm. 320 sq.mtrs. for the construction of bridge on river Morna, by virtue of the Notification issued under section 4(1) of the Land Acquisition Act (For short, "Act"). It was published in the local newspaper on 26/06/1997. Thereafter Notification under section 6 of the Act was issued on 18/08/1997.

(3.) Prior to that, the Collector, Akola had sent a letter to the respondent on 11/12/1996 giving a proposal for the purchase of the said land at the rate of Rs.2,320/- per sq.mtr.. Respondent herein had sent a reply to the said letter on 17/12/1996 showing his readiness to sell the said piece of the land to the Collector at the ready reckoner price of Rs.4,640/- per sq.mtr.. By his letter dt. 01/01/1997, the Collector, Akola accepted the said rate of Rs.4,640/- per sq.mtr.. In response thereto, by the letter dated 04/01/1997, Respondent further informed the Collector that after obtaining the no objection and consent letter from its Head Office, the sale would be executed. In March1997, on demand of appellant, possession of the said land was delivered by the respondent to the appellant.