STATE OF MAHARASHTRA Vs. SHANKAR RAMCHANDRA PARTALE

JUDGEMENT

(1.) BY this appeal, the appellant/State has questioned the correctness and legality of the judgment and award passed by the Joint Civil Judge, S.D.Omerga in L.A.R.No.236/2008 (Old No.52/2002), by which award, the claim of the respondent was partly allowed and the respondent was held as entitled to compensation @ 22,000/- per acre with the requisite benefits as entitled under the provisions of The Land Acquisition Act.

(2.) HEARD learned A.G.P. for State. Issue notice to respondent. Shri.A.V. Indra Patil accepts notice for respondent.

(3.) DURING the course of submissions, it is urged across the bar that 3 sale instances were filed before the Reference Court by the respondent showing that the land adjacent to the land acquired was purchased @ Rs.851/- per Sq.ft. and Rs.281/- per sq.ft. Considering this aspect, it is urged that the sale instances quoted at the behest of respondent/original claimant, not to be considered as those lands were non agricultural lands. Considering the evidence lead, the Reference Court has granted the compensation @ Rs. 22,000/- per acre, which comes to Rs.13,200/- According to the learned A.G.P., the compensation awarded by the learned Reference Court is exorbitant, excessive, which is the subject matter of challenge in this appeal.