SHAKUNTALA PRALHAD SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original claimant claiming enhancement in the compensation awarded to her in Land Acquisition Reference No.316 of 2014 by learned Civil Judge Senior Division, Bhoom, Dist. Osmanabad dated 11.02.2015.

(2.) It is not in dispute that the present appellant was the owner of 03 H 20 R land out of Gat No.175 situated at village Bavi, Tq. Washi, Dist. Osmanabad and the said land was acquired for percolation tank. The Notification under Section 4(1) of the Land Acquisition Act was published on 05.04.2005 and under Section 6 of the Act was published on 16.05.2006. She did not receive notice under Section 9 (3) and (4) of the Act, however, she came to know about the passing of Award by Special Land Acquisition Officer, when notice under Section 12(2) of the Act was received by her on 04.08.2008. It is stated that she has not taken the amount of compensation but filed reference under Section 18 of the Act. The claimant has contended that on the date of the Notification under Section 4(1) of the Act, the market value of the acquired land was Rs.2,50,000/- per acre. The land was fertile and of high quality and she was getting irrigated crops, thereby giving her income of Rs.25,000/- per acre per annum. Therefore, she has demanded the compensation @ Rs.2,50,000/- per acre and also claimed compensation for three boundaries (bandh).

(3.) The claim petition was resisted by filing written statement by the State Government. It is stated that the LAO had given full opportunity to the claimant before pronouncing the Award to lead evidence. It is denied that sale instances were not considered by the LAO while passing the Award on 27.12.2007.