DINKAR PURUSHOTTAM DANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN respect of the Town Planning Scheme under the Maharashtra Regional and Town Planning Act, 1966 (for short "m. R. T. P. Act") in the part of the city of Pune, on or about 10th July 1966, a plot bearing No. 104 belonging to the appellant came to be reserved for primary school. The plot admeasures 4160 sq. meters. The Pune Municipal Corporation was approached from time to time seeking permission to develop the property. Eventually when the request was denied a notice under section 49 of the M. R. T. P. Act came to be issues by the appellant on or about 6th February, 1971. The Government accepted the said notice on 28th July, 1971 i. e. within six months as stipulated under section 49 sub-section (4) of the M. R. T. P. Act, and acquisitioned the area of 2435. 42 sq. meters only.

(2.) THE Special Land Acquisition Officer, referred to as the S. L. A. O. , proceeded to determine the compensation amount, and as per the award, his offer to the owner was for Rs. 50/- per sq. meters.

(3.) NOT satisfied with this, as he has asked for the compensation at the rate of Rs. 97/- per sq. meters, the appellant sought reference under section 18 of the Land Acquisition Act, 1894. This came to be heard and decided by the Ld. Extra Joint District Judge, Pune, on 13th October, 1988, who was pleased to grant only the addition of Rs. 10/- per sq. meters. For the balance amount of Rs. 37/- per sq. meters, the present appeal is filed.