PANDURANG KHANDRAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the original claimants for enhancement of the compensation.

(2.) By notification u/s 4(1) dt. 16.10.1990, land of 3 hectares and 48R from Survey No. 283 and 5R from Survey No. 288A from village Kuslumb, Tq. Patoda, Dist. Beed, belonging to the appellants was acquired for construction of percolation tank. Notice u/s 6 was issued on 20.07.199 In the inquiry, special LAO considered the land revenue assessment of each land and also some sale instances and awarded compensation at the rate of Rs. 120/- per R. for Jirayat land and Rs. 2/- per R for potkharaba (fallow) with other statutory benefits. The aggrieved appellants filed land Reference No. 275/1995. The ld. 7th Adhoc Addl. Sessions Judge, Beed, by judgment dt. 15.09.2004, awarded compensation at the rate of Rs. 400/- per R for jirayat land and Rs. 200/- per R. for fallow land. Still aggrieved and dissatisfied, the appellant has preferred this appeal claiming compensation at the rate of Rs. 1250/- per R.

(3.) Shri. S. V. Natu, learned counsel for the appellants argued that, there should have been separate compensation for the trees, the well and bandh found in the acquired land. The land was irrigated having fruit bearing trees. He submitted that the claimants had produced four sale instances where the value of the land was Rs. 690/-, Rs. 1050/-, Rs. 1530/- and Rs. 3000/- per R. Even if the sale instance of Rs. 3000/- per R is ignored, still the market value of the land was around Rs. 1500/- per R. Reference Court did not allow compensation for well, bandh and fruit bearing trees. Hence the appeal be allowed and the compensation may be enhanced.