STATE OF MAH Vs. SANJAY RAGHUNATH CHOUDHARI

JUDGEMENT

(1.) Learned AGP Mr. Phule appears for appellant. Respondent neither present nor represented though duly served.

(2.) Challenge in this appeal is to the judgment and award dated 21.03.2002 made by the reference Court enhancing compensation from Rs. 349/- per Are to Rs. 4,000/- per Are in respect of the acquired land and from Rs. 3,463/- per guava tree to Rs. 8,000/- per guava tree.

(3.) Learned AGP Mr. Phule submits that the two sale-instances relied upon by the reference Court were not comparable instances. He submits that the sale instances admittedly pertain to the lands in the village of Anturli whereas the acquisition was from village Pimpri Nandu. He further submits that there is no evidence on record regarding comparability of the lands which were subject matter of the sale-instance and the acquired land. Learned AGP further submits that award of compensation at the rate of Rs. 8,000/-per guava tree is also excessive and the reasoning adopted by the reference Court for enhancement of compensation is not at all valid. For these reasons, learned AGP submits that the impugned award is liable to be set aside and the compensation awarded by the Land Acquisition Officer is liable to be restored.