STATE OF MAHARASHTRA Vs. GOVINDRAO DASHRATH PATANGE

JUDGEMENT

(1.) FIRST appeal No. 161 of 1983 is preferred by the State of Maharashtra, challenging the judgment and order dated 1-8-1982 passed by the learned Assistant Judge, Parbhani in Land Acquisition Reference No. 43 of 1980, inter alia on the ground that enhancement of compensation awarded by the Civil Court is not in accordance with law. Other companion first appeals, are filed by the claimants in same reference to seek further enhancement of the compensation for the land acquired, under the same notification. Therefore, these appeals are disposed of by the common judgment and order, since the questions of law and facts are identical.

(2.) NOTIFICATION under section 4 (1) of the Land Acquisition Act was published in the Maharashtra Government Gazette dated 19-8-1976. Corrigenda to that notification was also issued and published in Government Gazette dated 16-1-1978. Notification under section 6 of the said Act was issued and published in the Government Gazette dated 16-11-1978. Under these notifications several lands from village Varanga Phata and other villages in Taluka Kalamnuri, in District Parbhani came to be acquired for the purpose of Kesapuri Right Bank Canal, Upper Penganga Project.

(3.) SPECIAL Land Acquisition Officer, by his award dated 31-3-1979 awarded compensation to the owners whose lands were acquired in the aforesaid notification by fixing the price of the land at the relevant time at Rs. 2,932/- per acre. It may be stated that the lands acquired of the claimants herein were both dry and irrigated, inasmuch as, they have facility of well water, as part of the land appears to have been cultivated for raising bagayat crops.