STATE OF MAHARASHTRA Vs. BHASKAR NAMDEO WAGH

JUDGEMENT

(1.) These appeals arising out of land reference Nos. 365/89, 366/89, 367/89, 370/89, 371/89, 373/89, 374/89, 377/89, 23/95, 26/95 question the correctness of the Judgment and Award passed by the District Judge, Nashik, enhancing the compensation granted to the respondents/claimants in references filed under Section 18 of the Land Acquisition Act. The Land Acquisition Officer, National High Way Nashik (Special Land Acquisition Officer) published a Notification under Section 4 of the Land Acquisition Act on 20.8.1981, followed by declaration under Section 6 on 24.3.1983 and an Award under section 11 on 23.6.1986. Though the Notification under section 4 was issued on 20.8.1981, possession of the land has been taken little prior thereto i.e. on 16.7.1981. The claimants accepted the award under protest and moved reference applications under Section 18 of the Act, respectively. The present appeal relate to the claimants whose lands are covered by the said same notification. The lands of all claimants were acquired for the same project under the same notification and hence, all the references are decided jointly and disposed off by a common Judgment.

(2.) The following particulars would indicate the land reference numbers, land gat numbers and the area of land acquired : <p>Sr. No. L.R. No. Land Gat Nl. Area acquired. 1. 365/89 20 1 H. 99 R.& 0.6 PK. 2. 366/89 62 1 H. 29 R. 3. 367/89 21 0.43 R. & 0.02 PK 4. 370/89 23 0.37 R. 5. 371/89 65 0.62 R. 6. 373/89 63 1.25 R. 7. 374/89 138 0.62 R. 8. 377/89 27 1.48 R. 0.06 PK. 9. 23/95 66 1.25 R. 10. 26/95 19 2.94 R. & 0.05 PK.

(3.) The claimants examined as many as 5 witnesses and proved the relevant documents with a view to establish the potential of the land and other features which would entitle them to claim higher amount of compensation. The District Judge grouped the land in 3 categories, i.e. Bagayat, Jirayat and Pot Kharab. The compensation for Bhagayat land has been granted by the Reference Court at the rate of Rs.48000/- P.H.; whereas Jirayat Land the same has been granted at the rate of Rs.32000/- P.H. and for Pot Kharab the same has been granted at the rate of Rs.2000/- P.H.