VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, THROUGH EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION Vs. KONGABAI SADASHIV WANKHADE

JUDGEMENT

(1.) This appeal takes an exception to the judgment and award dated 12.12.2005, delivered in Land Acquisition Case No.202/1999, by the 2nd Adhoc Additional District Judge, Akola, thereby enhancing and granting additional compensation amount of Rs.51,715/, to respondent No.1, the claimant.

(2.) Brief facts of the appeal can be stated as follows: Respondent No.1 was the owner of plot, bearing No.62/1 admeasuring 110 sq. mtr. with a constructed house thereon, admeasuring 50 sq. mtr. situate at village Bidgaon, Tq. Murtizapur, District Akola. By virtue of notification issued under Section 4 of the Land Acquisition Act 1894, in March, 1995, the said plot of land, with constructed house thereon came to be acquired. As per the award passed by the S.L.A.O. on 21.04.1997, respondent No.1 was granted compensation at the rate of Rs.50/ per sq. mtr. for the open plot of land and Rs.495/ per sq. mtr. for the constructed portion. Thus, the total compensation awarded to the respondent No.1 by S.L.A.O. was Rs.5500/ for open plot and Rs.29,185/ for the house constructed thereon.

(3.) Being not satisfied with the said amount of compensation, respondent No.1 approached the Reference Court under Section 18 of the Land Acquisition Act. In support of his case, respondent No.1 examined himself and also adopted the evidence of expert Rameshwar Junekar, which was recorded in another reference petition.