STATE OF MAHARASHTRA Vs. SHANTABAI

JUDGEMENT

(1.) This is a Letters Patent Appeal filed by the Appellant the State of Maharashtra, impugning the Judgment and Order passed by this Court in First Appeal No. 185 of 1965, D/- 19-9-1973.

(2.) The Respondents herein were the owners of an immovable property, being plot No. 8539, and one-third owners of plot No. 8540. Both plots Nos. 8539 and 8540 were acquired by the Government for the purpose of the construction of Railway Police Quarters at Miraj. A notification under Section 4 of the Land Acquisition Act, 1894 was published on 20th October 1960. Thereafter, the Land Acquisition Officer published his Award dated 30th June 1961 whereunder an amount of Rs. 3,680/-was awarded as compensation to the Respondents herein as owners of plot No. 8539 and part owners of plot No. 8540. The Respondents thereafter called upon the Collector to make a Reference to the Civil Court under Section 18 of the Land Acquisition Act. The Respondents also claimed compensation at Rs. 9,000/- as proper and adequate compensation.

(3.) The Reference was heard by the learned Civil Judge, Senior Division. Sangli. The Appellant herein, contended before the learned Civil Judge that the claimants had failed to make any specific amount of claim for compensation in reply to the Notice under Section 9 of the Land Acquisition Act. That being the case, their claim for enhanced compensation was inadmissible under Section 25 (2) of the said Act. The learned Civil Judge was pleased to uphold the contention of the Government and the learned Civil Judge dismissed the Reference with costs. The learned Civil Judge, however, held that in the event of it being held that the reply under Section 9(2) was proper, then the Claimants, that is, the Respondents herein, were entitled to compensation at the rate of Rs. 1-2-0 per sq. foot as against 8 annas per sq. foot awarded by the Land Acquisition Officer.