STATE OF MAHARASHTRA Vs. VALU YESU SURYAVANSHI NHAVI

JUDGEMENT

(1.) All the above 49 First Appeals are directed against the comon judgment and award dated 23rd September, 2005, made by the IInd Ad-hoc Additional District Judge, Nashik. As identical question of fact and law arise in these appeals, it will be appropriate to dispose of these appeals by a common judgment.

(2.) The relevant facts are that Special Land Acquisition Officer ("SLAO") published a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for acquiring lands from different villages including Nandadgaon, Tal. Igatpuri, Dist. Nashik for construction of Mukane Dam Project. It may be noticed that lands from number of other villages had also been acquired by different notifications. The possession of the land under the Award was taken on 1st July, 1994, of course, except mentioning by the State there is no evidence on record, documentary and oral, to show as to how and when the possession was taken. However, we will proceed to decide even this aspect on the basis of the record before the Court.

(3.) The SLAO had issued a declaration under Section 6 of the Act on 3rd August, 1994. After hearing the owners of the land, the SLAO made and published his award on 8th August, 1995. Vide this award, uniform compensation was awarded to the claimants at the rate of Rs. 55,500/- per hectare, however, in one or two cases the compensation was awarded by the Collector varying between Rs. 40,000/- and Rs. 83,000/-. The claimants being dissatisfied from the awarded compensation preferred references under Section 18 of the Act which were referred by the SLAO to the Reference Court. After permitting the parties to lead evidence, the Reference Court vide its judgment dated 23rd September, 2005, allowed the enhancement and awarded a sum of Rs. 1,71,778/- per hectare uniformly to all the claimants. Aggrieved from the judgment of the Reference Court, the State has filed all the above 49 appeals. Though the claimants had demanded compensation at the rate of Rs. 4,00,000/- per hectare for bagayat land and Rs. 1,00,000/- per hectare for pot kharab land before the Reference Court, they have not preferred any appeals or crossappeals before this Court.