ASHOK Vs. STATE OF MAHARAHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original claimants challenging the Judgment and award passed in common Judgment in LAR No.348 of 2009, by learned 4th Jt. Civil Judge, Senior Division, Osmanabad, dated 29-01-2014, whereby their reference was partly allowed and their claim in respect of compensation for trees was rejected.

(2.) The claimants are the agriculturists and their agricultural land is situated in village Wadaji Tq. Washi Dist. Osmanabad. In their land Gut No.579 and 580 admeasuring 2 H i.e. 5 Acres they had taken various types of fruits bearing trees as there was well in the land. So also there was a stone band. The property was acquired by the respondent No.1- State. Award was passed by Special Land Acquisition Officer bearing No.1997/LNQ/CR-85 dated 06-09-2000. Dissatisfied with the said award they made reference under Section 18 of the Land Acquisition Act for redetermination of the compensation. The matter was referred to District Judge, Osmanabad who had made it over to learned Civil Judge, Senior Division, Osmanabad for decision. It has been contended that the enhancement in the compensation was on the lower side as only Rs.43,750/- per acre was granted instead of prevailing market price. So also compensation for fruit bearing trees was not granted. According to the appellants, the market price of the acquired land was not less than Rs.1,00,000/- per acre.

(3.) Heard learned advocate Mr. S. L. Bhapkar for appellants and learned AGP Mr. R. B. Bagul for respondent No.1- State. None for respondent No.2 though respondent No.2 was served.