S. B. Shukre, J. - (1.) This appeal challenges the legality and correctness of the judgment and order dated 29.8.2003 passed by the Joint Civil Judge, Senior Division, Pusad in Land Acquisition Case No. 34 of 1996.
(2.) 0.10 hectare of land from survey number 26 situated at village Dhanora (Bk) belonging to respondents no. 1 (a) to 1 (e) was acquired for public purposes under the provisions of the Maharashtra Industrial Development Corporation Act (for short, the "MIDC Act"). Section 32 (2) MIDC Act notification was issued on 30.11.1989 and the Award was passed by the Land Acquisition Officer on 13.11.1995. The rate determined by the Land Acquisition Officer was of Rs. 5668/- per acre or Rs. 14000/- per hectare and accordingly, for the acquired land, compensation was determined. A reference application was moved by the respondents as they felt that the compensation so awarded to them by the Land acquisition Officer was inadequate. On merits of the case, the Reference Court found, on the basis of a subsequent sale instance, the rate determined by the Land Acquisition Officer was insufficient and accordingly, the Reference Court enhanced it to Rs. 80,000/- per acre or Rs. 1,97,600/- per hectare by the impugned judgment and order. The appellant has questioned such an approach of the Reference Court in the present appeal.
(3.) I have heard Shri M. M. Agnihotri, learned counsel for the appellant; Shri S. U. Nemade, learned counsel for the claimants and Shri S. B. Bissa, learned Assistant Government Pleader for respondents no. 2 to 4. I have gone through the record and proceedings.;