VIDARBHA IRRIGATION DEVELOPMENT CORPORATION THROUGH ITS EXECUTIVE ENGINEER, BEMBLA PROJECT, YAVATMAL Vs. KUNAL HANSRAJ PISE

JUDGEMENT

(1.) This appeal is preferred challenging the judgment and award dated 31.12.2005 passed by 3rd Adhoc Additional District Judge, Yavatmal, thereby granting additional compensation of The appeal is dismissed against R1 vide Court's order dtd. 27/8/07. Rs.73,366/- to respondent No.1the claimant.

(2.) Brief facts of the appeal can be stated as follows: By virtue of Notification issued under Section 4 of the Land Acquisition Act on 04.02.1999, the plot bearing No.160 of village Dighi, along with the construction thereon, came to be acquired for the purpose of Bembla Project. The Land Acquisition Officer, vide his award dated 10.04.2002, granted compensation at the rate of Rs.75/- per sq. mtr. for the open land and Rs.1236/- per sq. mtr. for the constructed area of 132.30 sq. mtr. Therefore, the total compensation awarded by the Special Land Acquisition Officer was of Rs.1,76,634/-.

(3.) Being not satisfied with the said amount of compensation, respondent No.1 approached the Reference Court by his petition under Section 18 of the Land Acquisition Act, contending inter alia that having regard to the prevailing market price and also the quality of construction, he was entitled to Rs.300/- per sq. mtr. for constructed house, which comes to Rs.3,96,900/- as total amount of compensation.