MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION, THROUGH ITS CHIEF EXECUTIVE OFFICER Vs. BHIKABAI ONKAR HIVRALE
LAWS(BOM)-2017-6-238
HIGH COURT OF BOMBAY
Decided on June 08,2017

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer Appellant
VERSUS
Bhikabai Onkar Hivrale Respondents

JUDGEMENT

Shalini Phansalkar Joshi, J. - (1.) This appeal is preferred under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure, challenging the judgment and order dated 06.02.2006 passed by the Reference Court at Akola in Land Acquisition Case No.313/1997, thereby enhancing the amount of compensation from Rs.55,000/ to Rs.77,000/ per hectare.
(2.) The factual position is to the effect that the land admeasuring 2 H 2 R, bearing Gat No.127, situated at village Shivani was belonging to the respondentclaimant, which came to be acquired for establishment of the industrial colony, by virtue of notification under Section 32(2) of the Maharashtra Industrial Development Act published on 13.08.1992. The Land Acquisition Officer fixed the compensation for the said land at the rate of Rs.65,000/ per hectare, vide his award dated 20.03.1997.
(3.) Being aggrieved and not satisfied with the said amount of compensation, the respondentclaimant approached the Reference Court, contending inter alia that the acquired land on the date of notification valued at the rate of Rs.1.5 to 2 lakh per acre, considering that land is having agricultural as well as nonagricultural potentiality. It was submitted that the land is situated adjacent to the municipal limit of Akola City and lands adjacent to the acquired land are already converted into nonagricultural use. Some of the industries, godowns, residential colonies are existing adjacent to the acquired land. According to the respondent, the Land Acquisition Officer has, ignoring these factors, granted negligible amount of compensation and, therefore, the said compensation needs to be enhanced.;


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