STATE OF MAHARSASHTRA Vs. LAXMIBAI VITHAL WAGH

JUDGEMENT

(1.) FIRST Appeal Nos. 215 to 220 of 1995 have been preferred by the State while First Appeal No. 41 of 1997 has been preferred by the claimants against the same judgment of the Reference court dated 21st April, 1994. Thus, it will be appropriate to dispose of these appeals by a common judgment since they arise from the same judgment.

(2.) THE claimants are residents of villages ambad and Pathardi of Nashik District. A preliminary notification was issued by the competent Authority on 29th January, 1971, in furtherance to which notifications under section 32 (2) of the Maharashtra Industrial development Act, 1961 (hereinafter referred to as "the MIDC Act"), were issued on 28th november, 1971, 24th December, 1971 and 29th November, 1971. Further, notifications under section 32 (i) of the said Act of 1961 were issued on 28th September, 1972, 21st February, 1972 and 14th January, 1975. Upon notice to the claimants, the Special Land Acquisition Officer No. 1, Nasik, vide his award dated 22nd September, 1986, while awarding different amounts to different claims depending upon the location of the acquired lands, awarded the compensation as under. <FRM>JUDGEMENT_630_BCR2_2008Html1.htm</FRM>

(3.) DISSATISFIED from the awarded compensation, the claimants preferred Appeals under section 34 of the MIDC Act, praying for enhancement of the compensation awarded to them for acquisition of their lands. The learned Reference Court vide its judgment dated 21st April, 1994 increased the compensation payable to the claimants from Rs. 5. 70 per sq. mtr. to Rs. 9. 70 per sq. mtr. depending upon the location of the land, sustaining the classification of the land effected by the revenue authorities.