PRAMILABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) There are two appeals for consideration, one filed by the claimants and the other by the State, both aggrieved by the judgment and order dated 08.04.2005 passed by the District Court at Akola (hereinafter referred to as "the Reference Court") in Land Acquisition Case No.78 of 2004. The claimants are aggrieved by the amount of compensation granted by the Reference Court and they seek further enhancement while the State has approached this Court contending that the enhancement granted by the Reference court to the claimants is not justified and that the award passed by the Special Land Acquisition Officer deserves to be restored.

(2.) The land acquisition proceedings in the present case concern land at Gat No.126, mouza Dagadparwa, tahsil Barshitakli, district Akola, admeasuring 4 H 21 R for construction of water storage dam. The notification under Section 4 of the Land Acquisition Act,1894 in the present case was issued on 21.04.2000 and the section 6 notification under the said Act was issued on 03.05.2001. Pursuant to the completion of proceedings before the Special Land Acquisition Officer , on 11.10.2002, the award was declared. The Special Land Acquisition Officer granted compensation at the rate of Rs.62,000/- per hectare for the land acquired and for the fruit bearing trees i.e. orange trees, lemon trees and a gauva tree, compensation was granted at specific rates, but no compensation was granted for mango trees or the well situated in the land in question. In this manner, total compensation of Rs.7,89,477/- was awarded by the Special Land Acquisition Officer.

(3.) Aggrieved by the said award, the claimants (appellants in First Appeal No.691 of 2005) preferred a reference application under Section 18 of the said Act, claiming enhanced compensation for land @ Rs.1 lakh per acre as also compensation for the well and mango trees with enhanced compensation for the orange, lemon and gauva trees over and above the compensation granted by the Special Land Acquisition Officer in the award.