DEORAO GUNAJIRAO TATHE PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Dalai, learned counsel for the Appellant and Mr. S. P. Dound, learned A.G.P. for Respondents.

(2.) The present First Appeal preferred by the original claimant against the Judgment and award dated 20th January, 1995 passed by Joint Civil Judge, Senior Division, Parbhani in L.A.R. No. 162 of 1989.

(3.) The undisputed facts are that Special Land Acquisition Officer (for short "S.L.A.O.") issued Notification under section 4 of the Land Acquisition Act dated 26th June, 1986 for acquiring Respondent's/ original claimant's land from Survey No. 63/115 of village Girgaon (Bk.), Tq-Jintoor, Dist-Parbhani for construction of percolation tank. After following due process of law, the S.L.A.O. declared the award dated 24th February, 1988 and awarded compensation in respect of acquired land at the rate of Rs.7000/- per Hectare i.e. Rs.2800/- per Acre. Being aggrieved by the said award, the Appellant/ original claimant preferred Reference under section 18 of the Land Acquisition Act and in the said Reference, the Reference Court awarded enhanced compensation in respect of acquired land at the rate of Rs.6000/- per Acre i.e. at the rate of Rs.15,000/- per Hectare. Being aggrieved by the said Judgment and award passed by the Reference Court, the Appellant preferred present Appeal in this Court.