S.B.SHUKRE,J. - (1.) This appeal has been preferred against the judgment and order dated 20th June, 2005, delivered by 3rd Adhoc Additional District Judge, Akola in Land Acquisition Case No. 24/1995.
(2.) 10 hectare agricultural land from out of 14 hectare and 53 R of the agricultural land, bearing Survey No. 1 belonging to the appellant was acquired for public purposes or to be precise for purposes of development of industrial area near town Balapur, District Akola. There was acquisition done by the State in respect of a smaller piece of land bearing Survey No. 1 belonging to the appellants in the year 1972 and at that time, the market value of that portion of the land was determined by the State to be at Rs. 12,500/per hectare. But, in the acquisition made subsequently in the instant case, which was in the year 1989, the State determined the market value of the acquired land only at Rs. 8,000/per hectare. The appellants were obviously aggrieved by such determination of the market value of the land and therefore, the appellants preferred reference application under Section 34 of the Maharashtra Industrial Development Act, which was referred to the Reference Court for being decided in accordance with law. By this application, enhanced compensation at the rate of Rs. 5,00,000/per hectare was demanded by the appellants. This claim was resisted by the respondents. On merits of the case, Reference Court found that the determination of the market value of the acquired land was on the lower side and considering the evidence available on record, the Reference Court determined the same to be at Rs. 17,000/per hectare. The appellants were still not satisfied and therefore, they preferred the present appeal and that is how the claimants are now before this Court.
(3.) I have heard learned counsel for the appellants and learned counsel for the respondents. I have gone through the record of the case including the impugned award.;