G N GHORPADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE Appeals can be conveniently disposed of by a common judgment.

(2.) FIRST Appeal No. 813 of 1991 is preferred by the original claimants for challenging the Judgment and Award dated 21st march 1990 passed by the II Additional District Judge, kolhapur in L. A. R. No. 4 of 1985. The land subject matter of the said reference is bearing R. S. no. 608 situated at ichalkaranji, District Kolhapur. The area of the acquired land is 1200 sq. meter. Notification under section 126 (4) of the Maharashtra Regional and Town Planning Act,1966 (hereinafter referred to as "the said Act of 1966") read with section 6 of the Land Acquisition Act,1894 (hereinafter referred to as "the said Act of 1894") was issued on 6th january 1983. The acquired land was reserved under the development plan for the purpose of resettlement of the slum dwellers. An award under section 11 of the said Act of 1894 was made on 18th February 1984. As the claimant did not accept the said award, at his instance, a reference has been made under section 18 of the said Act of 1894. In the reference, the claim made for the compensation was at the rate of Rs. 20/- per sq. foot. By the impugned Judgment and Award, the market value has been fixed at the rate of Rs. 50/- per square meter (approximately Rs. 4. 65 per square foot ). In addition to the market value, the reference court has granted statutory benefits under section 23 (1-A), section 23 (2) and section 28 of the said Act of 1894. In First Appeal No. 813 of 1991, the original claimant is seeking market value at the rate of Rs. 20/- per square foot. First Appeal No. 547 of 1991 has been preferred by the State of Maharashtra seeking quashing of the same award.

(3.) FIRST Appeal No. 815 of 1991 has been preferred by the original claimant for challenging the Judgment and Award dated 21st March 1990 passed by the learned II Additional district judge, Kolhapur in L. A. R. No. 3 of 1985. The acquisition relates to the land bearing R. S. No. 575 situated at ichalkaranji, District Kolhapur. Area of the acquired land is 1200 sq. meters. Notification under section 6 of the said act, 1894 read with section 126 (4) of the said Act of 1966 was issued in this case on 20th January 1979. The acquired land was reserved for construction of a primary school in the development plan. The Award under section 11 of the said Act was made on 6th February 1984. As the said Award was not accepted by the claimant, at the instance of the claimant, a reference under section 18 of the said Act of 1894 was made. The claim made by the claimant for market value in the said reference was at the rate of Rs. 10/- per square foot. By the impugned Judgment and Award, the market value has been fixed by the reference court at the rate of Rs. 50/- per square meter. The Statutory benefit under section 23 (1-A), 23 (2) and 28 have been granted by the reference court in addition to enhancement in the market value. First Appeal No. 815 of 1991 has been preferred by the claimant claiming the market value at the rate of Rs. 10/- per square foot. First Appeal No. 665 of 1991 has been preferred by the State of Maharashtra for challenging the same Award where the prayer is made for quashing the said Award.