RAGHUNATH BABA PATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel.

(2.) The award passed by the Joint Civil judge, Senior Division, Ahmednagar dated 30th June 1992 whereby the opponent were directed to pay an amount of Rs. 12950/- for acquisition of 43 R land from Gat No. 553 and 50 R land from Gat No. 626 is subject of challenge.

(3.) The short point in the matter is that the learned Judge while awarding grant of compensation to the claimant held, based on 7/12 extract, that the land under acquisition was a dry land. However, it was pointed out during the course of argument that even the award of the SLAO throughout refers to existence of the well in the property which indicated that the lands were irrigated. On earlier date, at the request of learned AGP matter was adjourned and under instructions from the concerned Officer, he confirms that the learned SLAO has considered the well and its compensation is awarded to the tune of Rs. 5870/-. However, it was the entry in the 7/12 extract which prompted the learned Judge in treating the lands as dry and consequently the learned Judge has considered the value of the land as at the rate of Rs. 25000/- per hectare and passed the above referred award.