GULABRAO DAULATRAO YEWALE Vs. MAHARASHTRA STATE

JUDGEMENT

(1.) This is an appeal arising out of the judgment and award dated 14.11.1994 passed by the Joint Civil Judge, Senior Division, Buldhana in L.A.C. No.51/1990. The agricultural land of Gat No.20, admeasuring 2 Hectares 63 R along with constructed well, 2 zizibus trees, one mango tree, one pomegranate tree and 8 nim brees belonging to appellant and situated in village Mahimal, tahsil Chikhli, district Buldhana were acquired for constructing percolation dam at village Mahimal. The Land Acquisition Officer awarded compensation of Rs.24,934/ @ Rs.11,000/ per hectare and further awarded Rs.10,990/ towards well. Aggrieved by this the reference was sought by the appellant. However, it was dismissed on the ground that no case for enhancement was made out.

(2.) In the connected matter i.e. First Appeal No.120/1995 decided on 22.7.2011 and arising out of L.A.C.No.49/1990 this court allowed the appeal and enhanced the amount of compensation @ Rs.21400/ per hectare with all statutory benefits. In that view of the matter, the learned counsel for the appellant states that similar enhancement may be awarded in this appeal. In order to have consistency, similar relief will have to be granted to the appellant by allowing the appeal partly.