THE STATE OF MAHARASHTRA Vs. SANTOSHRAO TATOBA NAGPURE

JUDGEMENT

(1.) By this appeal, the appellant/State has challenged the judgment and order dated 31.10.2001 passed by the Court of Joint Civil Judge, Senior Division, Nagpur (reference Court) whereby total compensation of Rs. 48,97,728/- has been granted along with statutory benefits to the respondents/claimants being the legal representatives of the original claimant.

(2.) The Notification under Section 4 of the Land Acquisition Act, 1894 in the present case was issued on 08.10.1992 for acquisition of land belonging to the claimants admeasuring 8.98 HR from Survey No. 17 at village Ridhora (Gujar) in Tahsil Umred, District Nagpur. The Land Acquisition Officer passed award upon completion of the acquisition proceedings determining compensation payable to the claimants for acquisition of the said land and fruit bearing and other trees existing on the said land at the time of acquisition. The fact that fruit bearing trees and other trees existed on the land at the time of issuance of the Notification under Section 4 of the aforesaid Act was not disputed in the proceedings before the Land Acquisition Officer and the number of such trees was also not disputed.

(3.) But, the original claimant was dissatisfied with the quantum of compensation granted by the Land Acquisition Officer in his award dated 08.10.1992 and he preferred an application under Section 18 of the said Act which was considered as Land Acquisition Case No. 53 of 1995 by the reference Court. The claimant placed on record elaborate documentary and oral evidence in support of his claim of enhanced compensation. The claimant examined Mr. Dadan Borkar, an Expert in Horticulture in order to prove his claim that the quantum of compensation granted for the trees was on the lower side. The said expert placed a valuation report on record and he also appeared as witness on behalf of the claimant.