LAWS(BOM)-2009-1-180

SPECIAL LAND ACQUISITION OFFICER Vs. VISHWANATH TRAMBAK PATIL

Decided On January 06, 2009
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
VISHWANATH TRAMBAK PATIL Respondents

JUDGEMENT

(1.) ALL the above seven First Appeals are directed against the common Judgment and award dated 14th February, 2002 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 19th September, 2000 and awarded compensation in respect of acquired lands as follows:

(3.) THE learned A.G.P. appearing on behalf of the Appellants contended that the Reference Court erred in coming to the conclusion that the market value of Bagayat land is to be calculated double the market rate of Jirayat land and market value in respect of Pot Kharab land to be calculated half of the market value of Jirayat land. On the basis of these submissions, learned A.G.P. appearing on behalf of the Appellants prayed that the Judgment and award passed by the Reference Court dated 14th February, 2002 to be set aside.