EXECUTIVE ENGINEER, M.I.W. Vs. VITTHAL DAMODAR PATIL
LAWS(SC)-2019-7-8
SUPREME COURT OF INDIA
Decided on July 01,2019

Executive Engineer, M.I.W. Appellant
VERSUS
Vitthal Damodar Patil Respondents

JUDGEMENT

A.M.KHANWILKAR,J. - (1.) Delay condoned. Leave granted.
(2.) This appeal takes exception to the judgment and order dated 26th October, 2015, passed by the High Court of Judicature at Bombay, Bench at Aurangabad, in First Appeal No.2536 of 2015, whereby the High Court partly allowed the appeal filed by the respondents­claimants against the decision of the Civil Judge, Senior Division, Jalgaon, in a reference filed under Section 18 of the Land Acquisition Act, 1894 (for short "the Act "), and enhanced the compensation amount for the lands acquired for the purpose of construction of Minor Irrigation Tank at Village Pimpri, Block Dambhurni, Taluka Pachora, District Jalgaon, Maharashtra.
(3.) Briefly stated, a notification under Section 4 of the Act was published on 9th July, 1998, pursuant to which the land belonging to the respondents situated at Village Pimpri, Block Dambhurni, Taluka Pachora, District Jalgaon, Maharashtra, was acquired for the stated public purpose. After following the necessary formalities, the Special Land Acquisition Officer passed an award under Section 11 of the Act on 14 th November, 2000, fixing the price at the rate of Rs.59,800/­ per hectare for Jirayat land and Rs.1,500/­ per hectare for Potkharab land. The possession of the acquired land was taken on 14th May, 1996. The respondents, however, resorted to a reference under Section 18 of the Act, which was decided by the Civil Judge, Senior Division, Jalgaon, vide judgment and order dated 19th September, 2015. Being dissatisfied with the said judgment and order, the respondents carried the matter in appeal before the High Court which, as aforesaid, came to be partly allowed and resulted in the compensation amount being enhanced.;


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