LAWS(BOM)-2009-1-47

SPECIAL LAND ACQUISITION OFFICER Vs. BHAGWAT VITHAL SONWANE

Decided On January 05, 2009
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
BHAGWAT VITHAL SONWANE Respondents

JUDGEMENT

(1.) ALL the above First Appeals are directed against the common Judgment and award dated 18th December, 2001 passed by the additional District Judge, Jalgaon. As identical question of facts and law arise in these Appeals, it will be appropriate to dispose of all these Appeals by common judgment.

(2.) THE relevant facts in the present case are that the Special Land acquisition Officer (for short 's. L. A. O. ') issued notification under section 4 of the Land Acquisition Act, 1894 (for short 'the Act of 1894') dated 21st August, 1997 for respondents/ original claimants land from village Singayat, Taluka-Jamner, District-Jalgaon for Waghur Project. After following due process of law s. L. A. O. issued notification under section 6 of the Act of 1894 on 26th February, 1998. After considering the objections raised by respondents/ original claimants, the S. L. A. O. declared the award under section 11 of the Act of 1894 dated 18th august, 2000 and awarded compensation in respect of acquired lands as follows ; <FRM>JUDGEMENT_308_MHLJ4_2009Html1.htm</FRM>

(3.) BEING aggrieved by the said award, respondents/ original claimants preferred Reference under section 18 of the Act of 1894 for enhancement of compensation. In the said Reference, the Reference Court awarded compensation in respect of Bagayat land at the rate of Rs. 4,00,000/- per Hectare, in respect of jirayat land Rs. 2,00,000/- and in respect of Pot kharab land Rs. 1,00,000/- per hectare. The Reference Court also enhanced marginal compensation in respect of fruit bearing trees.