SITARAM BALU BHOPI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have heard the submissions of Shri S.M. Kamble the learned Advocate appearing for the applicants in support of this application. I have also heard the submissions of Shri A.A. Kumbhakoni, learned Associate Advocate General for the respondent-State of Maharashtra.

(2.) The respondent-State of Maharashtra has preferred the aforesaid First Appeal for challenging the Judgment and Award dated 22nd September, 1988 passed by the learned Civil Judge (Senior Division), Raigad at Alibag in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred as "the said Act"). The reference was made at the instance of the applicant (the respondent in the First Appeal) in this application. The subject matter of the Appeal is a plot of land at village Kamothe, Taluka Panvel, District Raigad which was notified for acquisition by virtue of a notification dated 3rd February 1970 issued under Section 4 of the said Act. The Award under Section 11 of the said Act was made on 16th September, 1986 by which the Special Land Acquisition Officer offered the market value at the rate of Re. 1/- per sq. metre. In a reference under Section 18 of the said Act, the claimant i.e. the applicant in this Application prayed for grant of market value calculated at the rate of Rs. 18/- per sq. metre. The reference Court by the impugned Judgment and Award came to the conclusion that the market value of the acquired land was Rs. 12/- per sq. metre. The Appeal preferred by the respondent-State of Maharashtra is directed against the said Judgment and Award.

(3.) The original applicant in this Application filed a cross objection claiming the market value at the rate of Rs. 45/- per sq. metre. In this application, the first prayer is for permitting the claimants to produce additional evidence. The second prayer is for seeking amendment to the Memorandum of cross objection for claiming enhanced compensation at the rate of Rs. 60/- per sq. metre.