HARIPRASAD S/O BRIJLAL BAJPAI Vs. STATE OF MAHARASHTRA, THROUGH COLLECTOR, YAVATMAL
LAWS(BOM)-2017-7-371
HIGH COURT OF BOMBAY
Decided on July 28,2017

Hariprasad S/O Brijlal Bajpai Appellant
VERSUS
State Of Maharashtra, Through Collector, Yavatmal Respondents

JUDGEMENT

S.B. Shukre, J. - (1.) This appeal challenges the legality and correctness of the judgment and order dated 25.4.2005 rendered by the Joint Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No.99/2001.
(2.) Following the Notification issued under Section 4 of the Land Acquisition Act and published on 25.7.1998 proceedings for acquisition of 4.94 hectare of land bearing Survey No.78, situated at village Gimona, Tq. Babhulgaon, District Yavatmal belonging to the appellant was initiated for the purpose of resettlement of village Malapur, Tq. Babhulgaon. The Land Acquisition Officer passed his award under Section 11 of the Land Acquisition Act on 1.3.1999 determining the market value of the acquired land to be at Rs.33,500/ per hectare. Being not satisfied with the same, the appellant filed a reference application under Section 18 of the Act.
(3.) It was tried on merits and the Reference Court, relying upon the saleinstance vide Exh.25 found the market value of the acquired land to be of Rs.86,000/ per hectare as true and correct. Accordingly, as against the claim made for enhancement of compensation at the rate of Rs.2,50,000/ per hectare, the reference application was partly allowed by the Reference Court by the impugned award. Not being satisfied with the same, the appellant is now before this Court in the present appeal.;


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