SHRI ASHWIN RAMANIKLAL GOSALIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the parties. By this appeal, the claimants are challenging the judgment and award dated 12.09.2012 passed by the Civil Judge, Senior Division Palghar in LAR No.1/2012 (Old LAR No.5/1988) awarding compensation in respect of the acquired land @ Rs.36 per sq.mtr. for 4500 sq.mtr. land, Rs.24/- per sq.mtr. for 13200 sq.mtr. land and Rs.18.00 per sq.mtr. for 32150 sq.mtr. land instead of @ Rs.300.00 per sq.mtr. as claimed by the claimant in Reference u/s.18 of the Land Acquisition Act , 1894 (said Act).

(2.) In the present proceedings, the Special Land Acquisition Officer issued Notification u/s.4 of the said Act for acquiring claimants' land admeasuring 5H 20R from Sy.No.102 Hissa No.A/1 of village Bosiar Tq. Palghar, Dist. Thane for Bus Station and Depot. The said Notification u/s.4 was published in official gazette on 16.09.1682. In 1985 individual notices were issued to the claimants. In the meanwhile the claimants made representation to the State Government for releasing their property from acquisition. On their representation the Government released 1H 1.5R from the acquisition. The Government had decided to acquire total area of 49850 sq.mtr. only. Pursuant to the Notice u/s.9(3)(4) of the said Act, the claimants submitted their claim by letter dated 07.07.1986 before the Land Acquisition Officer, Thane and claimed compensation @ Rs.300.00 per sq. yard aggregating to Rs.1,92,48,000.00, Rs.2,49,44,708.00 towards loss which they suffered and for road development along with 30% solatium and component. In aggregate the claimants made their claim before the Special Land Acquisition Officer to the tune of Rs.3,74,94,754/-.

(3.) After considering the evidence on record the Special Land Acquisition Officer declared the award dated 10.09.1987 and awarded sum of Rs.8,81,250.00 towards the land value and Rs.56,795.00 for structure. The Land Acquisition Officer in his award dated 10.09.1987 (Exhibit-104) described the land as under: