- (1.) THIS appeal arises out of the judgment and award passed by the Court in Land Acquisition Reference under section 18 of the Land Acquisition Act, 1894 (for short, "the Act" ). The respondents own seven pieces of land bearing Survey Nos. 8/1, 88/2. 11/1, 11/2-1, 11/2-3 and 11/2-4 situated at Himayat bag within the Municipal Corporation, Aurangabad. These lands were acquired for Fruit Research Station at Himayat bagh at the instance of Marathwada Agricultural University. The notification under section 4 of the Act was published in Maharashtra Government Gazette on 5-2-1973 and the notification under section 6 of the Act was issued on 11-3-1976. The Special Land Acquisition Officer, Aurangabad passed award by determining the value of the acquired land on the basis of their qualities. The area of the acquired land falling under perennial Bagayat was valued at the rate of Rs. 18, 750/- per acre and the non-perennial portion of the land was valued at the rate of Rs. 15,625/- per acre.
(2.) THE claimants were dissatisfied with the award passed by the Special Land Acquisition Officer. It was the case of the respondents that the acquired lands were capable of fetching higher market value and the amount offered by the Land Acquisition Officer was inadequate and that he had proceeded on the wrong premise or the principle. According to the respondents, the market value of the similarly situated land in the vicinity and within the limits of Municipal Corporation, at the relevant time, was Rs. 1,00,000/- per acre. The respondents, therefore, filed their application for reference to the Court and accordingly reference was made under section 18 of the Act to the Court.
(3.) THAT reference was, however, objected to by the appellant/state, firstly on the ground that the reference was not within the period of limitation; secondly, that the reference was bad for mis-joinder of parties and lastly that the respondents were not entitled to enhanced compensation, as the value of the land was properly determined by the Special Land Acquisition Officer.;