BALA ATMARAM SAHAKARI Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) This appeal is directed against the award dated 21/11/2006 of the learned reference Court by which the claim of the applicants for enhancement of compensation has been partly allowed. Dissatisfied with the same the present appeal has been filed.

(2.) The parties hereto are being referred to in the names as they appear in the cause title of the reference case. Applicants' land admeasuring about 2805 sq. mts. located on either side of National Highway 4-A was acquired by the Government for the purpose of its widening by virtue of notification published on gazette dated 26/09/1991. In fact, an area of about 700 sq. mts. was acquired from Survey No. 79, 10 sq. mts. from Survey No. 80 and 980 sq. mts. from Survey No. 78/1 lying on the right side of the said National Highway, while 1115 sq. mts. was acquired from Survey No. 83/3 lying on the left side of the National Highway, all from village Curti in Ponda Taluka, and, by award dated 20/05/1993, the Land Acquisition Officer was pleased to offer compensation at the rate of Rs. 20/- per sq. mt. for land from Survey Nos. 78/1, 79 and 80 while Rs. 7/- per sq. mt. were offered for the land of Survey No. 83/3.

(3.) Dissatisfied with the said award, the applicants got a reference made, claiming enhanced compensation at the rate of Rs. 500/- per sq. mt and in the said reference examined 3 witnesses and also produced 3 sale deeds besides placing reliance on awards passed by this Court in First Appeal No. 31/1998 and 46/1998, both dated 8/04/2008 by which compensation payable was fixed at Rs. 120/- and Rs. 132/-, respectively, after taking a deduction of 40% from the sale deeds produced in the said cases. These cases were in relation to notification under Section 4(1) of the Land Acquisition Act, 1894, gazetted on 13/12/1988, of lands in the same village.