MAHARASHTRA INDUSTRIAL DEVELOPMENT CO. Vs. SHASHIMOHAN SUGANCHAND TAPADIYA

JUDGEMENT

(1.) In Land Acquisition Case No.444/1997 filed under Section 34 of the Maharashtra Industrial Development Act, 1961 read with Section 18 of the Land Acquisition Act, 1984, the Reference Court at Akola has enhanced the compensation for acquisition of land belonging to the respondents No.1 and

(2.) at the rate of Rs.1,00,000/ per hectare by its judgment and order dated 01.03.2006. Being aggrieved there by, the acquiring body, the Maharashtra Industrial Development Corporation, has filed this appeal challenging the enhanced compensation from Rs.80,000/ per hectare to Rs.1,00,000/ lakh per hectare. 2. The only point for determination is whether the Reference Court was justified in enhancing the compensation from Rs.80,000/ to Rs.1,00,000/ per hectare, especially in the absence of any oral or documentary evidence brought on record, to that effect by the claimants/respondents.

(3.) It is a matter of record that the respondent No.1 has entered into the witness box, but not produced any documentary evidence to justify the enhancement of the compensation. Hence, the submission of learned counsel for the appellant is that the enhancement of compensation from Rs.80,000/ to Rs.1,00,000/ was not at all warranted. It is also not reasonable, but it is arbitrary. It is submitted that the Reference Court has ignored the award passed by L.A.O. which was based on the comparable sale instances.