YESHWANTRAO GOVINDRAO Vs. COLLECTOR NAGPUR

JUDGEMENT

(1.) THIS is an appeal against the order passed under Section 26 of the Land Acquisition Act by the First Additional District Judge, Nagpur.

(2.) ADMITTEDLY, 27,66 acres out of khasra Nos. 62, 63, 68, 69 and 72 in Manewada village belonging to the appellant Yeshwantrao had been acquired under the Land Acquisition Act by a notification dated 9-6-48, The Land Acquisition Officer awarded compensationt at the rate of Rs. 550/-per aero, but not being satisfied with this amount the appellant made an application under Section 18 of the Land Acquisition Act for a reference to the District Court. In his award the First Additional District Judge. Nagpur, confirmed the award of the Land Acquisition Officer with a slight modification. In the present appeal it is contended that the learned Additional District Judge erred in confirming Rs. 550/- per acre as the valuation of the land. This is the only point urged in appeal, but various grounds were urged in support of tin's contention.

(3.) IT is urged tbat the village of Manewada is adjacent to the village of Babhulkheda where building activities have been going on, that for purposes of compensation the value of the lands in Babhulkheda should have been adopted as basis it the present case, that the land acquired has potentialities as building site, and that even as agricultural land it is far superior to the adjacent lands. It is conceded that the appellant has not adduced evidence of any sales in Manewada village, but the contention is that the compensation awarded for the lands in Babhulkheda village should have been taken as the basis for compensation for the acquisition of lands in Manewada village. We reject all these contentions of the appellant for the following reasons.