SADASHIV MADHAV SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the Judgment and Award passed in LAR No.26 of 2012 decided by the Court of Civil Judge, Senior Division at Kopargaon on 10.03.2016 by filing the present appeal.

(2.) The aforesaid reference application was filed by the appellant (hereinafter referred to as the 'claimant') seeking enhancement in the amount of compensation as was offered to him by the Special Land Acquisition Officer (hereinafter referred to as the 'SLAO'). The land Survey No.3/27 bearing City Survey No.908 admeasuring 258.18 Sq. Mtrs situated at village Shirdi, Tal. Rahata, Dist. Ahmednagar was owned by the claimant. The respondents have acquired the said land for Pimpalwadi to Nimgaon shiv road, which was the part of and was shown in the Development Plan prepared by Shirdi Municipal Council. The notification in that regard under Section 126 (4) of the Maharashtra Regional and Town Planning Act, 1966 was published in the Official Gazette on 14.01.2008, whereas the Award under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') came to be passed on 04.11.2010.

(3.) In the Award so passed, though the market value of the land acquired of the claimant was fixed at Rs.6,417/- per sq. meter, the SLAO offered nominal compensation of Rs.1/- to the claimant. Dissatisfied with the amount of compensation so offered, the claimant made Reference under Section 18 of the Act seeking enhancement in the amount of compensation and the same was adjudicated by the Court of Civil Judge, Senior Division at Kopargaon. The said Court is hereinafter referred to as the 'Reference Court'.