ANAND S/O TUKARAM BANMARE Vs. SPECIAL LAND ACQUISITION OFFICER, TAH HINGANGHAT, DIST WARDHA
HIGH COURT OF BOMBAY
Anand S/O Tukaram Banmare
Special Land Acquisition Officer, Tah Hinganghat, Dist Wardha
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Shalini Phansalkar Joshi, J. -
(1.) This appeal is preferred by the original claimant challenging the judgment and award dated 27.07.2005 passed by the 4th Adhoc Additional District Judge, Wardha in Land Acquisition Case No.70/1995, under Section 18 of the Land Acquisition Act, granting additional compensation of Rs.27,132/. Being not satisfied the meagre amount of compensation awarded by the Reference Court; the appellant has approached this Court.
(2.) Brief facts of the appeal can be stated as follows:
The appellant was the owner of the agricultural land, bearing Survey No.362 admeasuring 2.12 H.R. situate at Mouza Jamb, Tahsil Samudrapur, District Wardha. The said land was acquired by the respondents in pursuance of the notification issued under Section 4 of the Land Acquisition Act, on 07.12.1989 and in pursuance of the award passed by the L.A.O. on 08.12.1994. The L.A.O. granted compensation for the acquired land at the rate of Rs.19,000/ per hectare. According to appellant, the market value of the acquired land was Rs.50,000/ per hectare. Therefore, he has approached the Reference Court.
(3.) In support of his case, the appellant examined himself and one witness by name Keshao Pandurang Wadwha to prove the sale instance of the land at village Kankati. Respondent also examined the Land Acquisition Officer Shri Nishikant Suke to prove that the valuation of the land made by him was reflecting the correct market value.;
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