ANIL S/O SHANKARRAO GOLE Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Anil S/O Shankarrao Gole
STATE OF MAHARASHTRA
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(1.) This appeal filed under Section 54 of the Land Acquisition Act, 1894 [for short "the said Act"] takes exception to the judgment of
the Reference Court dated 31st August, 2009 in Land Acquisition Case
No. 1997 of 2004. By said judgment, the reference proceedings stand
(2.) Land admeasuring 1 hectare 62 R from Gat No. 166 came to be acquired by issuing Notification dated 2nd March, 1995 under
Section 4 of the said Act. The Reference Court passed award on 31st
January, 1998. By said award, total compensation of Rs.38,070-00 for
the land and Rs.20,604-00 for orange trees came to be granted. As
the claimant was not satisfied with the amount of compensation,
reference proceedings came to be filed. Being aggrieved by the
dismissal of the reference proceedings, present appeal has been filed.
(3.) Shri A.B. Nakshane, learned counsel for the appellant, submitted that in so far as valuation for the land is concerned, fair
compensation to the extent of Rs. 1,50,000-00 per hectare has been
adjudicated by this Court in First Appeal No. 480 of 2003 and First
Appeal No. 1000/2007. It is, therefore, submitted that in so far as
valuation for the land is concerned, same should be enhanced to Rs.
1,50,000-00 per hectare. In so far as orange trees are concerned, it is submitted that as per the 7/12 extracts at Exhs.36 and 37, there were
about five hundred orange trees standing. As per the report of the
valuer at Exh.43, each tree was valued at Rs.1300-00. It was,
therefore, submitted that compensation for the orange trees deserves
to be enhanced in that regard.;
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