SHANTAPPA RUDRAPPA MATHDEVRU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Resent appeal has been filed by the original claimant for enhancement in the compensation granted by learned reference Court viz. Civil Judge Senior Division, Kandhar in Land Acquisition Reference No.22/2005 (Old L.A.R. No.21/2005) decided on 23.02.2009.

(2.) Claimant was the owner of House property bearing Grampanchayat No.85 admeasuring 63.45 (open space and constructed area) and Grampanchayat No.85 admeasuring 49.00 sq.mtrs. (constructed area) situated at village Marajwadi, Tq. Mukhed, Dist. Nanded. The Notification under Section 4 of the Land Acquisition Act came to be published on 23.04.1997 and it was published in Grampanchayat on 23.12.1997. Notice under Section 6 of the Act was published in the Government Gazette on 15.12.1998 and in Grampanchayat it was published on 28.03.2000. In pursuant to the said Notification under Section 9(3) & (4) of the Act notice was served on the claimant, who raised objection and prayed to the Special Land Acquisition Officer that the compensation be awarded as per true market value. The objection raised by the claimant was not considered and Award under Section 11 of the Act was passed by the original respondent No.2 on 26.03.2002. Compensation has been awarded to the claimant at Rs.63,756/- + Rs.15,149/- = Rs.78,905/-. According to the claimant, it was not as per the market value of the house as well as courtyard and open space. Hence, he filed reference under Section 18 of the Act to the Collector, Nanded, who was then forwarded to Civil Court, Nanded and transferred Civil Judge Senior Division, Kandhar for its adjudication.

(3.) After the reference was filed, written statement was filed by all the respondents, who supported the Award, that was passed by respondent No.3. It was stated that the respondent No.2 had acquired the area of construction and open portion by getting the measurement done through Taluka Inspector of Land Record in presence of acquiring body and the concerned authorities. The site plan, situation at the spot, construction of the house was considered to arrive at true market value.