- (1.) These appeals are directed against judgment dated 9.11.2006 of the Division Bench of the Bombay High Court whereby the appeals preferred by the respondent under Section 54 of the Land Acquisition Act, 1894 (for short, 'the Act') were allowed and the amount of compensation determined by Civil Judge, Senior Division, Jalagaon, (hereinafter described as, 'the Reference Court') was substantially reduced.
(2.) By notification dated 14.3.1996 issued under Section 4 (1) of the Act, the Government of Maharashtra initiated the proceedings for the acquisition of various parcels of land including those belonging to the appellants situated in villages Deoli Bhoras and Bilakhed, Taluka Chalisgaon, District Jalgaon for Minor Irrigation Tank, Deoli Bhoras. The declaration under Section 6 was issued sometime in April 1997. Special Land Acquisition Officer, Jalgaon (respondent) passed award dated 31.3.1999 and fixed market value of the acquired land by dividing the same into three groups. For land falling in Group I, i.e. Jirayat land, the respondent fixed market value at Rs.68,000/- per hectare. For Group II and Group I lands he fixed market value at the rate of Rs.58,000/- and Rs.54,000/- per hectare respectively. For pot kharab land, market value was fixed at Rs.15,00/- per hectare.
(3.) The appellants accepted the compensation under protest and then filed applications under Section 18 of the Act for determination of the compensation by the Court. On a reference made by the Collector, the Reference Court examined the pleadings of the parties and framed the following issues: 1) What is the market price of the land on the date of notification u/Sec. 4 of L.A. Act? 2) Does the petitioner prove that he accepted the amount of compensation under protest? 3) Does the petitioner prove that the market price of land determined by the L.A.O. is inadequate? 4) Is the petitioner entitled to enhance compensation? 5) What order?;