MAHARASHTRA STATE POWER GENERATION CO. Vs. SHATRUGHNA SON OF LATARI YERGUDE
HIGH COURT OF BOMBAY
Maharashtra State Power Generation Co.
Shatrughna Son Of Latari Yergude
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(1.) This appeal filed under Section 54 of the Land Acquisition Act, 1894, takes exception to the judgment dated 5th August, 2004 passed by the Reference Court in Land Acquisition Case No. 116
(2.) Land admeasuring 24 square meters along with a residential house constructed on 12 meters, situated at village Aawandha, Tq.
Bhadrawati, Distt. Chandrapur, was the subject matter of acquisition under proceedings initiated
under the said Act. On 6th January, 1989, Notification under Section 4 of the said Act came to be
issued and on 30th September, 1993, the Land Acquisition Officer passed his Award granting
amount of Rs.1,428-00 to the respondent no.1 as compensation. Being aggrieved, the respondent
no.1 filed Reference proceedings under Section 18 of the said Act. By the impugned judgment, the amount of compensation has been enhanced to Rs.
10,000-00 with other statutory benefits.
(3.) Shri Moharir, learned counsel for the appellant, submitted that the Reference Court was not justified in enhancing the amount of compensation. It was submitted that no evidence was led by
the respondent no.1 in support of the claim for enhancement. There were no sale instances placed
on record and merely on the basis of assessment of taxes, the Reference Court had enhanced the
compensation. It was submitted that the enhancement being on a higher side, the same needs to be
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