DAMU MOTIRAM RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Kulkarni, learned Counsel for the appellants and Mr. S.P. Dound, learned A.G.P. for respondent-State. Present First Appeal preferred by appellants/original claimants against the judgment and award dated 24th April, 1992 passed by Ilnd Additional District Judge, Beed, in L.A.R. No. 403 of 1989.

(2.) The undisputed facts are that, the Special Land Acquisition Officer (for short "S.L.A.O.") issued Notification under section 4 of the Land Acquisition Act dated 17th December, 1987 for acquiring land of the appellants/original claimants for percolation tank from village Pachegaon, Tq-Georai, Dist-Beed. The S.L.A.O. Jayakwadi Project No. 2, Beed issued Notification for acquiring land of the appellants from Survey No. 910 admeasuring 7 Hector and 18 Rs. for the said project. Thereafter S.L.A.O. issued Notification under section 6 of the Land Acquisition Act dated 21st July, 1988. After following due process of law, S.L.A.O. declared award dated 20th March, 1989 and awarded compensation in respect of acquired land at the rate of Rs. 100/- per R i.e. Rs. 10,000/- per Hector. Being aggrieved by the said award passed by the S.L.A.O., appellants preferred Reference under section 18 of the Land Acquisition Act. In the said Reference the Reference Court awarded compensation in respect of acquired land at the rate of Rs. 10,000/- per acre i.e, Rs. 25,000/- per Hector.

(3.) Being aggrieved by the said award of the Reference Court, the appellants preferred present Appeal on the ground that the learned Reference Court without applying principle of law, mechanically determined the market price of the land and thereby rejected appellants submissions for fixing the market price of acquired land at the rate of Rs. 625/- per R i.e. Rs. 62,500/- per Hector. Mr. Kulkarni, learned Counsel for the appellants submitted that the Reference Court wrongly discarded the testimony of the witnesses when they support the contention of the appellants in respect of market value. Learned Counsel for appellants submitted that in any case the appellants are-entitled to compensation in respect of acquired land at the rate of Rs. 62,500/- per Hector.