STATE OF MAHARSTRA Vs. BABHUSINGH DONDUSINGH RAJPUT

JUDGEMENT

(1.) By this appeal, the appellants challenge the judgment passed by the Joint Civil Judge, Senior Division, Buldana, on 21st February, 1991, in Land Acquisition Case No. 30 of 1988, directing the State of Maharashtra to pay the amount of Rs. 34,560/- to the respondent along with interest, solatium and costs.

(2.) Few facts giving rise to the appeal are stated thus;

(3.) Mrs. Taiwade, learned AGP, appearing on behalf of the State of Maharashtra submitted that the reference Court was not justified in granting compensation at the rate of Rs. 20,000/- per hectare for the acquired land or the additional compensation at the rate of Rs. 16,000/- per hectare for the acquired land. According to the learned AGP, there was hardly any evidence on record to prove that the market value of the land at the relevant time in the year 1983 was Rs. 20,000/- per hectare. The learned AGP then submitted that the reference Court was not justified in granting separate compensation for the water tank and the pipe line, as, it is a well settled position of law that, those factors have to be considered as one unit along with the land while determining the market value of the land and separate compensation cannot be granted by the reference court for the additional work done on the land.