- (1.) LEAVE granted in Special Leave petition (Civil) Nos 2804-2810 of 2004.
(2.) THESE appeals by special leave arise out of a common judgment and order dated 20th/21st March, 2002 passed by a Division bench of the Bombay High Court allowing the appeals preferred by the State in part from a judgment and award dated 24. 07. 1995. The Government of Maharashtra intended to undertake construction of a medium irrigation project on the Uthala River at patoda Taluka in the District of Beed commonly known as "uthala Irrigation Project". For the said purpose, lands situated at village tagadgao were acquired. The total land sought to be acquired measured 182 Hectares and belonged to 274 individual land owners. A notification under Section 4 of the Land acquisition Act, 1894 (for short, "the Act") was issued on 6. 10. 1988. A declaration under section 6 of the Act was made on 6. 7. 1989. An award was published on 29. 06. 1990. The acquired lands were classified in two categories; (1) Bagayat lands (irrigated lands); and (2) Jirayat lands (non-irrigated lands but are otherwise cultivable ). In these appeals, we are not concerned with the question as regards classification of the acquired lands as also the amount of compensation computed therefor.
(3.) CLAIMANTS - appellants, however, contend that the lands had fruit bearing trees, wells, pipe lines, structures of cow-shed/gotha and Bandh etc. Indisputably, the Special Land acquisition Officer classified the said lands into following six categories: JUDGEMENT_626_SUPREME3_2009Html1.htm The Special Land Acquisition Officer in his award fixed the market vaiue of the said lands from Rs. 130/- to Rs. 230/- per acre. In addition thereto, however, compensation was, inter alia, granted for fruit bearing trees, wells, pipe lines, structures of cow-shed/gotha and Bandh etc. inter alia holding that some of the lands under acquisition were jirayat and some were Bagayat lands but not notified as such. Most of the lands having dry cultivation are found to be of medium to superior quality. Relying on the 7/12 extract entered in the revenue record for the last three years, it was held that though the lands had been shown as wetlands but they are in fact seasonally irrigated, and hence cannot be treated as bagayat lands. The valuation of the said lands, therefore, was made treating them as Jirayat lands. Statutory allowance at the rate of 30% over the amount of compensation was also granted as provided by Section 23 (2) of the Act. Additional compensation at the rate of 12 per centum per annum of the market value from the date of publication of notification i. e. , 28. 10. 1998 till the date of award, i. e. , 27. 7. 1990, was also granted.;