STATE OF MAHARASHTRA Vs. GAUTAMCHAND

JUDGEMENT

(1.) Present First Appeal No.62 of 1997 and Cross Objection Petition St. No.9488 of 1997 arise out of the same Judgment and Award passed in L.A.R. No. 13 of 1995 by Civil Judge, Senior Division, Jalna by the Judgment dated 25/4/1996. The Appellant State of Maharashtra is challenging the said Judgment and Award contending that the compensation awarded by the Reference Court was excessive and unwarranted whereas Cross Objection is for claiming compensation at the rate more than what was awarded by the reference Court.

(2.) The facts leading to this Appeal and Cross objection are thus:

(3.) The original Petitioners/claimants/ Respondents in First Appeal and Cross objectionist challenged that Award by way of Reference under Section 18 of the Land Acquisition Act. Reference Court awarded compensation at the rate of Rs.1,10,000/- per Hector i.e. Rs.1100/- per R. and treated whole land as perennially irrigated (Bagayat) land. The Reference Court also awarded compensation for the trees to the tune of Rs.37,500/- treating them to be fruit bearing trees besides other reliefs according to law.