STATE OF MAHARASHTRA Vs. DILIP YADAV PINGLE

JUDGEMENT

(1.) In exercise of the powers conferred under Section 4 of the land Acquisition Act, 1894 (hereinafter referred to as "the Act") , the government of Maharashtra decided to acquire lands at Village deshmukhwadi, Taluka Khed, District Pune, for Bhama Askhed Project and thus issued a notification under Section 4 of the Act that provision on 18th June, 1994 which was published on 30th June, 1994. This notification was issued in furtherance to the letter issued by the , Pune, on 16th January, 1993 to acquire these lands for Bhama Askhed project. In compliance with the provisions of the Act, declaration under section 6 of the Act was issued on 8th January, 1998 whereafter the special Land Acquisition Officer (SLAO) , after hearing the claimants and considering the evidence produced on record made his award on 31st july, 1997, awarding following compensation to the claimants. <FRM>JUDGEMENT_82_LAWS(BOM)5_20081.htm</FRM>

(2.) The claimants being dissatisfied with the amount of compensation awarded to them filed applications under Section 18 of the Act before the SLAO who in turn referred the same for determination in accordance with law to the Court of competent jurisdiction. The 12th Ad-hoc Additional District Judge, Pune, vide his award dated 27th August, 2004, enhanced the compensation payable to the claimants to Rs. 1,25,000/- per hector uniformly. While declining to accept the finding of the Collector for grouping of the lands under different categories, the reference Court relied upon Exhibit-46 and upon due computation awarded the said compensation. Following issues were answered in the manner indicated hereinafter by the reference Court: issues Findings

(3.) The findings recorded on the basis of the evidence produced for enhancing the compensation can be usefully referred to as under.