STATE OF MAHARASHTRA Vs. BHIMASHANKAR SIDRAMAPPA CHIPPA

JUDGEMENT

(1.) These two appeals are directed against the judgement and award dated 31st March, 1986 passed by the learned Civil Judge, Senior Division, Solapur in Land Acquisition Reference No. 52 of 1988 made under section 18 of the Land Acquisition Act. First Appeal No. 72 of 1998 is filed by the State of Maharashtra while First Appeal No. 233 of 1999 is filed by Solapur Municipal Corporation which is the acquiring body. The cross objectctions Stamp No.16262 of 1998 have been filed by the land owner Bhimashankar Sidramappa Chippa, Partner of M/s. Umashankar Industries (for short "the claimant").

(2.) The land bearing City Survey No. 10388. Final Plot No. 34-A/52 under the Town Planning Scheme No. 1, Solapur admeasuring 5587.31 sq.m (hereinafter referred to as "the suit land") was acquired by the Government of Maharashtra at the instance of Solapur Municipal Corporation for the purpose of establishment f a market. Prior to the year 1979, the suit and was reserved as a playground under reservation No. 342, under the development plan for the city of Solapur. By a Resolution No. 148 dated 29th September, 1979, the Solapur Municipal Corporation resolved that the Reservation No. 347 which was for market should be cancelled and the reservation suit land (Reservation No. 342) should be modified from playground to market. Proposal for the modification was sent' to and approved by Government under section 37 of the Maharashtra Regional Town Planning Act (for short "the Town Planning Act") Accordingly, the suit land was reserved for "market" since the year 1979-80. On 14th February, 1984 the Standing Committee, Solapur Municipal Corporation passed a resolution proposing to acquire the suit land for the "market." Accordingly, the proceedings for acquisition of the suit land were initiated under the Town Planning Act and a notification under section 126(4) of the Town Planning Act was published in the Maharashtra Government Gazette on 28th November, 1985. Notice under section 9 of the Land Acquisition Act was issued on 2nd December, 1985/3rd March, 1986 and an award was published by the Land Acquisition Officer on 31st March, 1986 awarding compensation of Re. 1/- to the claimant.

(3.) Aggrieved by the award, the claimant made an application for reference under section 18 of the Land Acquisition Act and the matter was referred to the Court for determination. By the judgement and order dated 13th February, 1995, the Civil Judge, Senior Division, Solapur (for short 'the Reference Court) allowed the reference and awarded compensation of Rs. 5,80,244/- plus interest to the claimant.