STATE OF MAHARASHTRA Vs. SAHADU ABA SHETE

JUDGEMENT

(1.) ON 25th august. 1988, the Special Land Acquisition officer (SLAO), Irrigation II, Nashik issued on behalf of the State of Maharashtra Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for acquisition of the lands for a public purpose namely, construction of Tisgaon Dam. Corrigendum to this Notification was issued on 24th July, 1989. These Notifications were published in the Government Gazette on 25th august, 1988 and 26th October, 1989, whereupon it was also so published in the local newspapers on 20th August, 1988. 23rd august, 1988 and even notified at the village chawadi on 17th April, 1989. In furtherance to these Notifications, the SLAO issued a declaration under Section 6 of the Act on 23rd march, 1990 where after he proceeded in accordance with law and after hearing the claimants, made an Award under Section 11 of the Acton 16th February, 1991 determining compensation payable to the Claimants at the following rates:- <FRM>JUDGEMENT_186_ALLMR1_2009Html1.htm</FRM>

(2.) DISSATISFIED with the extent of compensation, the Claimants without prejudice to their rights and contentions made applications under Section 18 of the Act claiming compensation at the rate of Rs. 1,00,000/- per hectare for jirayat land (cultivable land) and rs. 5,000/- per hectare for pot kharaba land (waste land ). The Claimants produced documentary and oral evidence and, amongst others, proved on record certain sale-deeds and judgments of the Court being Exhibits 15, 23, 34 and 36. The State government examined only one witness DW1, whose statement was recorded as Exhibit 49, who was not aware of the contents of the sale deed dated 6th April, 1988 and thus could not prove in accordance with law Exhibit 50, sale deed relating to the village Khedgaon where it was stated that the jirayat land measuring 1 hectare 99 Ares was sold for a sum of Rs. 40,000/ -. The learned reference Court relied upon Exhibit 34 sale deed dated 24th March, 1986 vide which 27 Ares bagayat land was sold for Rs. 41,000/- in village khedgaon giving a rate of Rs. 1,51,851/- per hectare.

(3.) WHILE referring to other evidence on record, the learned Reference Court enhanced the compensation payable to the claimants for acquisition of their land as follows: rs. 1,47,000/- p. h. for Jirayat Land (Group II)Rs. 73,500/- p. h. for Pot Kharab land.