MUNICIPAL COUNCIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present first appeal is preferred by the appellant/original respondent no. 2 Acquiring Body against the judgment and award dated 7/2/1998 passed by Civil Judge, (Senior Division), Latur, in l. A. R. No. 1209 of 1990.

(2.) LEARNED Counsel Mr. Killarikar appearing on behalf of the appellant submitted that though in appeal memo they raised several objections challenging the impugned judgment and award dated 7/2/1998 passed by the Reference Court, the appellant is restricting the first appeal on following grounds only:

(3.) SOME of the undisputed facts are as under:-The Special Land Acquisition Officer issued notification under section 126 of the m. R. T. P. Act read with section 6 of the Land acquisition Act for acquiring land of respondent no. 2 admeasuring 65 R from Survey No. 91/a situated in Municipal Council limit of ausa town. Notification under section 126 of the M. R. T. P. Act published in the Government gazette on 3rd March, 1988. After following due process of law, Special Land Acquisition officer declared award on 20/1/1989 and awarded compensation in respect of acquired land at the rate of Rs. 5/- per sq. ft. Being aggrieved by the said award, respondent No. 2/ original claimant preferred Reference under section 18 of the Land Acquisition Act. In the said Reference under section 18, Reference court passed judgment and award dated 7/2/1998 and awarded compensation in respect of acquired land at the rate of Rs. 9/- per sq. ft. subject to deduction of 15% towards development charges along with statutory benefits as per the amended Land acquisition Act. Being aggrieved by the said judgment and award dated 7/2/1998 the appellant/original respondent No. 2 Acquiring body preferred above mentioned first appeal challenging the same.