LILDHAR PANDURANGI POHANE Vs. STATE OF MAH.THR.COLLECTOR
HIGH COURT OF BOMBAY (AT: NAGPUR)
Lildhar Pandurangi Pohane
State Of Mah.Thr.Collector
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(1.) By this appeal preferred under Section 54 of the Land Acquisition Act, 1894, appellant-the original claimant is challenging the judgment and award dated 06/03/2006 passed by the 2 nd Ad-hoc
Additional District Judge, Wardha in LAC No.278 of 2001, being partly aggrieved by the said
judgment and award in so far as it relates to disallowance of his claim for
enhancing the amount of compensation.
(2.) Brief facts of the appeal can be stated as follows : Appellant is the owner of the field bearing survey No.10 admeasuring 7.35 hectare situated at village
Pimpalgaon, Tahsil Arvi, Dist. Wardha. By virtue of notification issued under Section 4 of the Land
Acquisition Act on 23/10/1997 which was published on 29/04/1998 and in pursuance of notification
issued under Section 6 of the said Act on 29/04/1999, the land of the appellant was proposed to be
acquired. Accordingly, notice under Section 9 of the Act was issued to the appellant, whereupon
appellant filed his objection before the Land Acquisition Officer on 19/05/1998. The Spl. LAO, vide
award dated 30/11/2000, granted compensation of Rs.23,29,614/- including the cost of land and
cost of orange and other trees, in addition to the cost of stone bandhs and solatium at the rate of
30% and special component interest at the rate of 12% per annum from 29/04/1998 to 30/11/2000.
(3.) Being not satisfied with the meagre amount of compensation awarded by the Spl. LAO, the appellant approached the Reference Court contending inter alia that the market value of the land
cannot be less than Rs.2,00,000/- per hectare. It was submitted that the acquired land of the
appellant is irrigated one as the well is situated therein. However, Spl. LAO
has committed an error in classifying the land into three categories of dry crop land, seasonally
irrigated land and perennially irrigated land. This classification was misconceived and not
warranted. As a result the Spl. LAO has given different amounts of compensation by dividing the
acquired land in these three categories. The said amount of compensation is totally against the
actual market value of the acquired land and hence having regard to the evidence on record it should
be enhanced to Rs.2,00,000/- per hectare.;
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