BHASKAR RUSTUMRAO MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel appearing on behalf of the appellant and learned A.G.P. for the respondent State of Maharashtra.

(2.) In the present first appeal, the appellant-original claimant challenged the judgment and award passed by Extra Joint District Judge, Aurangabad dated 10.8.1993 in L.A.R. No. 46/1987. The Reference Court by impugned judgment and award dismissed the appellant's Land Acquisition proceedings. A few undisputed facts in the present case are that the S.L.A.O. issued notification dated 3.6.1983 for acquiring the appellant-original claimant's land admeasuring 1 Hectors 21 Ares for extension of Gaothan of village Hatnoor, Taluka Kannad District Aurangabad. Thereafter, the appellant filed his objection on 3.1.1984 under section 5(1) of the Land Acquisition Act. After following due process of law, the S.L.A.O. issued notification dated 14.11.1985 under section 6 of the said Act. Notices under section 9(1) and (2) were published on conspicuous place at Hatnoor through Tahasildar, Kannad and also served individual notices under sections 9(3) and 9(4) of the said Act on interested persons. Pursuant to the notices under sections 9(3) and 9(4) of the Land Acquisition Act, the appellant-original claimant filed claim before the Land Acquisition Officer stating that market value of land under acquisition was Rs. 40,000/-per acre. So, he should get Rs. 1,20,000/-for three acres of land under acquisition. The appellant also claimed a sum of Rs. 50,000/- for Godown and Rs. 25,000/- for bunding work. After following due process of law, the S.L.A.O. declared award dated 14.8.1986 and awarded compensation of Rs. 10,890/- in respect of 1 Hector 21 Ares land @ Rs. 9000/- per Hector. The S.L.A.O. also awarded solatium under section 23(2) of the L.A. Act @ 30% on market value of the land i.e. Rs. 3267/-. In all, the S.L.A.O. awarded compensation in respect of acquired land to the tune of Rs. 14,157/-.

(3.) Being aggrieved by the said award passed by the S.L.A.O. on 14.8.1986, the appellant preferred Reference under section 18 of the Land Acquisition Act dated 13.10.1986 claiming compensation in respect of acquired land @ Rs. 25,000/- per acre. He further stated in the said Reference under section 18 of the L.A. Act that he is having half share in the acquired land i.e. half share of 1 Hector 21 R, it comes to 60.05 R. Said Reference under section 18 of the L.A. Act was transferred to Joint District Judge at Aurangabad and after hearing both the sides, Extra Joint District Judge, Aurangabad by judgment and award dated 10.8.1993 dismissed the said reference on the ground that the compensation awarded by the S.L.A.O. is as per prevailing market rate of land on the date of issuance of notification under section 4 i.e. 3.6.1983.