STATE OF MAHARASHTRA Vs. VISHRAM KUNDALIK

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment and order dated 2nd November, 1995 passed by the Joint Civil Judge, Senior Division, Ratnagiri, sitting at Sawantwadi, allowing the reference under section 18 of the Land Acquisition Act, 1894 (for short "the Act").

(3.) The respondent was the owner of the land bearing Survey No. 40 hissa Nos.7 and 8 admeasuring 77 ares and 72 ares respectively situated at village Vabhave, Taluka Vaibhavwadi, District Ratnagiri (for short "the acquired land"). A notification under section 4 of the Act was published on 1st March 1988 proposing to acquire the said lands for the purpose of construction of a Tahsil office. The declaration under section 6 of the Act was made on 17th April, 1989 and the award was published on 27th April, 1989, awarding compensation of Rs. 17,520/- to the respondent. On an application of the respondent, the Collector made a reference to the Court under section 18 of the Act which was transferred to the Court of Civil Judge, Senior Division for hearing and disposal in accordance with law. Before the reference Court, the respondent examined himself on oath as P.W.I. He however did not examine any other witness. The respondent produced before the reference Court three Index II extracts at Exhibits 42, 43 and 44 in respect of three sale transactions. After considering the oral and documentary evidence adduced by the respondent, the learned Civil Judge held that the market value of the said land had not been properly determined by the Land Acquisition Officer. It that the market value of the acquired land was Rs. 2,000/- per are. Accordingly, he ordered payment of compensation for the said land at the rate of Rs. 2,000/- per are with interest at 12% per annum from 14th April, 1988 to 19th April, 1991 together with solatium at 30% of the market value of the acquired land. Aggrieved by the decision, the State has filed the present appeal.