STATE OF MAHARASHTRA Vs. SHANKAR NARAYAN NAIK

JUDGEMENT

(1.) This appeal filed under section 54 of the Land Acquisition Act, 1894 (herein after referred to as "the Act" for short) arises from the Award dated 30th June, 1997 passed by the learned Joint District Judge, Thane, in Land Acquisition Reference No. 8 of 1995. By the said Award the Reference Court fixed the market rate at the rate of Rs. 10/- per square meter. The State Government, being aggrieved by the said award, has filed First Appeal No. 7 of 1999, whereas, Cross Objection filed by the land owners is for enhancement of compensation including market value.

(2.) The claimants' land admeasuring 68543 square meters located in village Khairane came to be acquired for the New Bombay project pursuant to the Notification published on 4th February, 1970 under section 4 of the Act. The Land Acquisition Officer passed his award and fixed the market rate at Rs. 5/- per square meter. The claimant not being satisfied with the said market rate submitted an Application under section 18 of the Act claiming the market rate at the rate of Rs. 20/- per square meter. On reference to the District Court, the application came to be registered as L.A.R. No. 8 of 1995 and the impugned award came to be passed by the Reference Court.

(3.) It is contended by the learned Assistant Government Pleader that the Reference Court committed an error in fixing the market value at the rate of Rs. 10/- per square meter as there was no supporting material before the Reference Court to enhance the market rate from Rs. 5 to Rs. 10 per square meter. As per the learned A.G.P., the trial Court erred in relying upon earlier awards passed in L.A.R. Nos. 8 of 1985, 26 of 1982, 28 of 1987 and 9 of 1985.