JUDGEMENT
ABHAY AHUJA, J. -
(1.)This is an appeal filed by the Acquiring Body viz. the Executive Engineer, Medium Project of the Vidarbha Irrigation Development Corporation challenging the Judgment and award dtd. 04/05/2013 passed by the Joint Civil Judge, Senior Division, Nagpur in LAC No.140/2001 partly allowing the Reference of the claimants / respondents. Earlier, vide notification dtd. 29/07/1995 under Sec. 4(1) of the Land Acquisition Act, 1894 (for short, "the said Act"), the appellant had for the purposes of the Kar River Project, compulsorily acquired the agricultural land of the respondents / claimants in Survey No.62 admeasuring 4.80 hectares out of which 3 hectares of land was claimed to be covered with fruit trees at Village Kolhu, Tahsil Katol, District Nagpur.
(2.)The Special Land Acquisition Officer had passed an award on 23/11/1998 fixing the market value at Rs.51,350.00 per hectare and paid total compensation of Rs.2,02,290.00 for 1.80 hectares of the acquired land and Rs.16,30,043.00 for land having the fruit bearing trees. In all, Special Land Acquisition Officer had paid compensation of Rs.18,32,333.00 to the claimants.
(3.)Being dissatisfied with the said award, the claimants preferred Reference under Sec. 18 of the said Act before the Civil Judge, Senior Division, Nagpur vide said LAC No.140/2001 claiming enhanced compensation of Rs.1,21,76,780.00 for the acquired land along with fruit trees. The Reference Court partly allowed the Reference vide the impugned Judgment and award dtd. 04/05/2013 granting compensation of Rs.28,05,967.00 @ Rs.1,18,000.00 per hectare by way of enhanced compensation for the acquired land along with fruit bearing trees.
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