FATIMABEGUM D/O MIRZA HAMID BAIG Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Fatimabegum D/O Mirza Hamid Baig
STATE OF MAHARASHTRA
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Shalini Phansalkar Joshi, J. -
(1.) This appeal is preferred by the original claimant against the judgment and the order of the Reference Court of the Civil Judge, Senior Division, Pandharkawada [Kelapur] dated 17.12.2005 in Land Acquisition Case No.197/2002, being aggrieved by inadequate amount of compensation awarded therein.
(2.) Brief facts of the appeal can be stated as follows:
The land bearing Gat No.79, area admeasuring 4.64 hectare and the land bearing Gat No.53 area admeasuring 4.46 hectare situated at Gondwakadi was owned by the appellant.
It was acquired by the respondents for the construction of Gondwakadi Tank Project, in pursuance of the notification issued under Section 4(1) of the Land Acquisition Act and published on 20.10.1994 in Government Gazette. The Special Land Acquisition Officer by his award dated 02.01.1996, granted compensation at the rate of Rs.22,000/ per hectare for Gat No.79 and Rs.26,000/ per hectare for Gat No.53.
(3.) Being not satisfied with the said amount of compensation, the appellant approached the Reference Court under Section 18 of the Land Acquisition Act, contending inter alia that the actual market value of the acquired land as on the date of notification was far higher than the compensation awarded by S.L.A.O. It was submitted that the acquired land was irrigated with the water from canal (Nala). He was taking various cash crops therein and earning the net income of Rs.7000/ to Rs.8000/ per acre, per annum. According to the appellant, the village Gondwakadi is having all the facilities like electricity, Post Office, School etc. and hence, having regard to the fertility, potentiality and productivity of the land, its market value cannot be less than Rs.2,50,000/. For the Four Mango Trees, he claimed compensation at the rate of Rs.15,000/. Further according to him, there were 85 big Teak Wood Trees, 200 teak wood trees, 50 big Adjat trees and 20 small Adjat trees in the acquired land of Gat No.79 the valuation of which can be Rs.2,50,000/ hence, on this count also he claims enhanced amount of compensation.;
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