STATE OF MAHARASHTRA Vs. CHUNILAL MANGILAL RAJPUT

JUDGEMENT

(1.) This appeal is filed by the State challenging the compensation awarded to the respondent by the Joint District Judge, Thane, in Land Reference No.22 of 1986.

(2.) To state in brief, land survey No.96 was previously owned by one Sitaram Nagu Mhatre and in 1965, it was purchased by one Digambar Vishnu Acharya. Before Digambar Acharya purchased the land, several persons had raised structures on the said land as lessees of the owner Sitaram Mhatre. According to the respondent, he was in possession of a structure admeasuring about 2200 sq. feet. He had purchased that structure from one Multanmal Jain under an unregistered sale deed dated 21.6.1976 for consideration of Rs.55,000/-. It included the amount of Rs.10,000/- being the price of Kirana goods in the shop. Thus, according to him, the structure was purchased by him for an amount of Rs.45,000/-. The Notification under Section 4 was issued on 27.12.1966 and the Notification under Section 6 was issued on 13.1.1969 for acquisition of the land. The respondent and several other persons who were in possession of different structures were also given notices. After enquiry, the Land Acquisition Officer granted compensation about the land to Digambar Acharya, but no compensation was given to the respondent towards the value of the structure which was required to be demolished on acquisition of the land. Therefore, he made a Reference Application under Section 18 claiming compensation of Rs. 4,80,000/-. The reference was submitted to the Joint District judge, Thane as Reference Court.

(3.) On behalf of the State, the claim of the respondent was denied and it was contended that even if he was owner of the structure, the claim was highly exhorbitant and excessive.