RANGANATH BABU BHOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three first appeals arise out of the judgment and order dated 27-3-1985 passed by the learned Civil Judge, Senior Division, Parbhani in Land Acquisition References filed by the appellants-claimants for enhancement of the compensation in respect of their lands acquired for the purpose of Upper Penganga Project. Acquired lands are from village Dongargaon Naka.

(2.) NOTIFICATION under section 4 (1) of the Land Acquisition Act was issued on 8-1-1980. The appellants claimants submitted their claims before the Special Land Acquisition Officer, inter alia, claiming compensation at the rate of Rs. 12,000 per acre. The Special Land Acquisition Officer, however, did not accept the value as asked for by the claimants and assessed the value of the market price of the lands acquired at the rate of Rs. 3,000 per acre. It is however, to be noted that on his own saying by the Special Land Acquisition Officer, he did not collect any single instance for the year 1980 but he has taken into account the sale instances for the period prior to 1976.

(3.) THE appellants, dissatisfied with this award filed separate references before the Civil Court claiming enhanced compensation at the rate of Rs. 10,000/- per acre. In support of their claims, the claimants have relied upon the various sale deeds, including the award passed by the Civil Court in Reference Case No. 83 of 1981, the land covered under which, was adjacent and at the distance of 2-3 miles from the lands acquired in the present case. In that case, the Land Acquisition Officer assessed the market price at the rate of Rs. 3,400 per acre, but the Civil Court fixed it at the rate of Rs. 9,000 per acre.