DIGAMBER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave has been granted by this Court vide order dated 8.7.2013.

(2.) This appeal is directed against the judgment and order dated 05.10.2005 passed by the High Court of Judicature of Bombay, Bench at Aurangabad passed in First Appeal No. 646 of 1998 whereby the High Court set aside the judgment and award dated 02.05.1998 of the learned Civil Judge, Senior Division, Nanded passed in land acquisition reference case and restored the compensation awarded at the rate of Rs.50,000/- per hectare by the Special Land Acquisition Officer, Nanded by allowing the appeal filed by the respondents.

(3.) It is contended by Ms. Bina Madhavan, the learned counsel for the appellants that the impugned judgment is contrary to the legal evidence on record particularly Exhs. 20-21 which are the sale deeds of the plots covered in the same area that were prior to the notification that is before 14.06.1990 which sale instances were very well considered by the reference court for comparison and the finding of fact was recorded that the said instances are comparable to the acquired land to that of the plots covered in the sale deeds. Therefore, it is contended that the acquired land has the similar non agricultural potentiality and the State Government had acquired the said land in favour of the Maharashtra Industrial Development Corporation (in short 'the Corporation') for the purpose of formation of industrial estate and sale of the plots for commercial purposes. It is urged by the learned counsel that the judgment and award passed by the reference court is erroneously set aside by the High Court as it has found fault with it in placing reliance upon the sale instances and has wrongly re-determined the market value of the land which findings recorded by the High Court in its judgment are not only erroneous in law but also suffers from error in fact and therefore, the same is liable to be set aside.