KAMALABAI BHASKAR MULE Vs. SPECIAL LAND ACQUISITION OFFICER
HIGH COURT OF BOMBAY
Kamalabai Bhaskar Mule
SPECIAL LAND ACQUISITION OFFICER
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Anuja Prabhudessai, J. -
(1.) The Appellants have challenged the Judgment and Award dated 26.01.1987, whereby the learned Joint District Judge, Nashik has dismissed the Land Reference No.169 of 1982, filed under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act' ).
(2.) The subject matter of the reference is the land under Survey No.673 sub divisions 1 to 54 admeasuring 66 Hectares 4 Ares, at Nashik. The said land shall be hereinafter referred to as the acquired land. The acquired land was originally owned by Kamalabai Bhaskar Mule, now represented by her legal representatives, who shall be hereinafter referred to as the claimants,. The said land was acquired for a public purpose, namely construction of School, College, Hospital Building, Staff Quarters, Playground, by the Maratha Vidya Prasarak Samaj, Nashik pursuant to Notification under Section 4 (1) of the Act published in the Official Gazette dated 5.10.1972. By Award dated 20.7.1982, passed under Section 11 of the Act, the Special Land Acquisition officer determined the market value of the land at the rate of Rs.60,000/- per hectare. The Land Acquisition Officer also awarded compensation of Rs.24,400/- towards value of the trees and Rs.500/- towards value of the well. Being dissatisfied with the quantum of compensation awarded by the Land Acquisition Officer, the claimants sought reference under Section 18(1) of the Land Acquisition Act.
(3.) The claim was premised on the basis that the Land Acquisition Officer has undervalued the acquired land, which is situated in a developed locality. The layout in respect of the acquired land was sanctioned in the year 1966 under T.P. Scheme No.II and the acquired land was suitable for construction purpose. It is the case of the claimants that the market rate of the acquired land as on the date of Section 4 notification was not less than Rs.50/- per sq. meter. The Claimants have further claimed compensation of Rs.5000/- for the structure existing in the acquired land, Rs.57,000/- and Rs.20,000/- towards the value of the trees and the well and Rs.2000/- towards value of the compound wall. In addition, the Claimant also sought compensation of Rs.25,000/- as damages for diminishing profits of the land. The claimants relied upon sale transactions at Ex. 39, 40, 43, 50 and 52 and adduced oral evidence to justify their claim for enhanced compensation.;
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