BABASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appel lant has preferred this appeal to challenge the judgment and award in L.A.R. No. 175/ 1994 decided by the Civil Judge, Senior Division, Latur on 4-5-1996 by which, in Reference under section 18 of the Land Acquisition Act preferred by the appellant, he awarded compensation of Rs. 9,95,709/-alongwith interest and other reliefs, for acquired land of the appellant from Survey No. 46/A-1 of village Kanheri, Tq. Latur.

(2.) Facts are thus :

(3.) During the Reference proceedings, he led evidence of C.W.I Surendra Bhagwat Kotalwar, C.A., to prove that he had purchased a plot for Rs. 10,78,560/- on 8-7-1988 and it is a comparable sale. He also led evidence of C.W. 2 Vithal Sitaram Pawar, Stamp Vendor on the point that one Chandrakant Chaunda sold his plot to one Hanmant Patil on 11-9-1989 for Rs. 64,000/ -, which was admeasuring 20 x 20 ft., According to the appellant, this is also a comparable sale. He also led his own evidence as C.W. 3 on the issues involved in the Reference. He also relied on the award Exhibit 39 by which the compensation was granted at the rate of Rs. 1400/- per sq. meter though in the evidence, he stated that the compensation was granted at the rate of Rs. 1112/-per sq. meter. The appellant - claimant had thus relied on the evidence of alleged comparable sale instances which are produced at Exhibit Nos. 47, 48 and 49 through these witnesses. Besides, he relied on Exhibit 39 award claiming that the said award was for the land acquired for the same purpose i.e. for ring road, at the same time, though his land was acquired by other notification under section 4.