BHAU GANPAT KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri C.K.Shinde, learned Counsel for the appellant and Mrs.R.R.Mane, learned A.G.P. for the Respondent.

(2.) The appellant herein is raising challenge to the judgment and award 06.01.1992, passed by the Civil Judge, Senior Division, Sangamner in L.A.R. No.16 of 1989. A group of Land Acquisition References was decided by the Reference Court and reasons were recorded in Land Acquisition Reference No.15/89. In view of the reasons recorded in the said Reference Application, instant Reference Application i.e. L.A.R. No.16/89 also came to be dismissed. The claimants have led evidence in L.A.R. No.15/89 which was considered in other companion Reference Applications.

(3.) According to the claimants, his agricultural land out of S.No.75/6 to the extent of 5 acres i.e. 2 hectares 2 ares came to be acquired for resettlement of project affected persons. The land is situate at village Hivargaon, Tq.Akole, district Ahmednagar. The notification under Section 4 of the Land Acquisition Act came to be issued on 22.07.1973. After following the procedure prescribed under the Land Acquisition Act, the Special Land Acquisition Officer passed award on 31.03.1978. Under the award, the Special Land Acquisition Officer has directed payment of compensation at the rate of Rs.1700/- per acre i.e. Rs.4250/- per hectare to the claimant in respect of the acquired land. The claimant was not satisfied with the amount of compensation awarded by the Special Land Acquisition Officer and as such tendered application for making Reference to the Civil Court for determination of proper market value of the acquired land. The Reference Application was heard by the Civil Judge, Senior Division, Sangamner, who was pleased to dismiss the same.