THE STATE OF MAHARASHTRA Vs. SAHEBRAO SHAMRAO PATIL
HIGH COURT OF BOMBAY (AT: AURANGABAD)
THE STATE OF MAHARASHTRA
SAHEBRAO SHAMRAO PATIL
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V.K. JADHAV, J. -
(1.) Being aggrieved by the common judgment award dated 15.04.1991 passed by the learned 2 nd Joint C.J.S.D. Jalgaon in L.A.R. No. 373 of 1984 and other connected matters, the State has preferred this appeal.
(2.) Brief facts giving rise to the present appeal are as follows:- a) The agricultural land Gat No. 87 owned and possessed by the respondent claimant to the extent of 0.21 R situated at village Deogaon came to be acquired by the Government alongwith other lands for construction of Deogaon minor Hatnur right bank canal. Notification under section 4 was published on 21.5.1981. The S.L.A.O. had awarded the compensation at Rs.15,000/- per hectare for the acquired land of respondent claimant. Being dissatisfied with the inadequate compensation awarded by the S.L.A.O., the respondent claimant preferred aforesaid L.A.R. for grant of compensation at the enhanced rate. It has been contended in the said reference petition that the land Gat No. 87 is Bagayat land and the S.L.A.O. has committed error in holding the said land as Jirayat land. It has also been contended that the acquired land is superior and fertile land. The S.L.A.O. has considered the sale instances showing the lower price and ignored the sale instances showing higher price. It has also been contended that the acquired land is situated near Tapi river. The respondent/claimant accordingly claimed compensation at the rate of Rs.40,000/- per acre. b) The appellant State has strongly resisted the said reference petition by filing written statement. It has been contended that the claimant has not accepted the amount of compensation under protest and further he has not preferred any claim before the S.L.A.O. under section 9 of the Act. As such, the claim is barred under section 25(2) of the said Act. The S.L.A.O. has considered the situation of the quality and assessment of the land alongwith other relevant factors and awarded just and reasonable compensation. c) The claimant has adduced oral and documentary evidence in support of his contentions. However, the appellant State has not adduced any evidence. Learned IInd Joint C.J.S.D. Jalgaon, by its impugned judgment and award dated 15.4.1991 allowed the claim petition and thereby awarded the compensation at the rate of Rs.63,500/- per hectare by treating the acquired land of the respondent claimant as Bagayat land. Being aggrieved by the same, the State has preferred this appeal.
(3.) The learned A.G.P. for the appellants State submits that the reference court has treated the acquired land of respondent claimant as Bagayat land, without any basis. The respondent original claimant has placed his reliance on the sale deed Exh.28. The said sale instance is of another village and admittedly, the said village Adawad is situated at a distance of 6/7 kilometers away from the village Deogaon, where the acquired land is situated. Learned A.G.P. submits that the reference court has erroneously relied upon the said sale instance and awarded the compensation at an exorbitant rate.;
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