STATE OF MAHARASHTRA Vs. SHANTABAI

JUDGEMENT

(1.) All these appeals have been filed by the State cum acquiring body to challenge the judgment and award passed by the reference Court i.e. Civil Judge (Senior Division), Ahmedpur, Camp at Udgir, District Latur, in L.A.R. No.46 of 2004, L.A.R. No.44 of 2004 and L.A.R. No.45 of 2004, respectively, dated 16-02-2008, whereby by common judgment, those references came to be allowed partly.

(2.) Heard learned Assistant Government Pleader Mr. A.M. Phule for appellants - State and learned Advocate Mr. S.S. Chillarge for respondents - original claimants in respective appeals.

(3.) All the references were filed by the respondents - claimants under Section 18 of the Land Acquisition Act, 1894, claiming enhancement in the compensation awarded by the Land Acquisition Officer, dated 20th September 2002. The lands belonging to claimants bearing Survey no.160 admeasuring 02 hectares 15 R, Survey no.164 admeasuring 0.40 R and Survey no.154 admeasuring 01 hectare, in respective references were acquired for percolation tank at village Avalkonda, Taluka Udgir, District Latur. The notification under Section 4 of the Land Acquisition Act was published on 30th August 2001. As aforesaid, award under Section 11 of the Land Acquisition Act came to be passed on 20th September 2002. The possession of the lands were already taken on 20th March 1995. The Special Land Acquisition Officer had awarded compensation at the rate of Rs.405/- per R, Rs.463/- per R and Rs.471/- per R, for the lands to the respective claimants. The claimants had contended that the rate that was given by the Special Land Acquisition Officer was too meager and inadequate. It is stated that their village is situated at a distance of 10 kms from Taluka place. The population of their village is more than 3000. There are various facilities in their village, including good transportation. The village is at a distance of 03 kms from State Highway. The quality of the soil is high, good fertility giving them annual income to the tune of Rs. 15,000/- to Rs. 20,000/-, excluding the cultivation expenses. According to them, minimum market rate on the date of notification under Section 4 of the Act was about Rs. 1,00,000/- per acre.