ABDUL HAMID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 02.04.2005 passed in Land Acquisition Case No.45/1995 by the 4th Adhoc Additional District Judge, Wardha, whereby the additional compensation of Rs. 2,64,390.00 as against the claim for enhancement of Rs. 1,26,199.00 was granted, the appellant has preferred this appeal.

(2.) Facts of the appeal can be stated as follows:

(3.) Being not satisfied with the same, the appellant/claimant approached the learned Reference Court contending inter alia that the amount of compensation granted towards the price of the land was nominal only and it should be increased to the rate of Rs. 1,125,000.00 per hectare. Even as regards the compensation for well, it was claimed that the proper amount of compensation will be of Rs. 1,50,000.00 and not Rs. 51,799.00, as awarded by the Land Acquisition Officer. It was further submitted that there were totally 277 orange trees in the land and hence, the compensation at the rate of Rs. 2500/per tree comes to Rs. 6,92,500.00, whereas the learned Reference Court has awarded the amount of Rs. 2,10,262.00 only in totality. It was further submitted that the Land Acquisition Officer has not awarded any amount towards the compensation of the cement pipeline laid in the acquired land. The said pipeline is running 1900 sq.ft. and at the rate of Rs. 150.00 per feet the compensation of Rs. 2,85,000.00 should be awarded, which was not awarded by the Land Acquisition Officer. The appellant has also claimed compensation of Rs. 32,000.00 towards 8 teak wood trees at the rate of Rs. 4000.00 per tree and Rs. 7500.00 for 5 hybrid bor trees. According to the learned counsel for appellant, without considering the situation, location and potentiality of the acquired Land Acquisition Officer has awarded the compensation, hence it needs to be enhanced. Reference Court allowed the petition partly enhancing the compensation amount by Rs. 2,64,390.00 as against the claim of Rs. 1,26,199.00.