ANIL S/O SHANKARRAO GOLE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-1-69
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on January 24,2017

Anil S/O Shankarrao Gole Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (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 dismissed.
(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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