EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD THROUGH GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, AURANGABAD Vs. DYANOBA BABA HAKE
LAWS(BOM)-2017-12-163
HIGH COURT OF BOMBAY
Decided on December 12,2017

Executive Engineer, Minor Irrigation Division, Osmanabad Through Godavari Marathwada Irrigation Development Corporation, Aurangabad Appellant
VERSUS
Dyanoba Baba Hake Respondents




JUDGEMENT

K.K. Sonawane, J. - (1.)Heard. Admit. With consent of the learned counsel for parties, the matters are heard at the time of admission.
(2.)The points of controversy in these appeals are identical and lies within a narrow compass relating to valuation of the lands under acquisition determined by the Reference Court. Therefore, both appeals are dealt with together for its adjudication finally by this common judgment.
(3.)Agricultural land Survey No. 41/1 admeasuring 0.82 R and Survey No. 43/3 admeasuring 0.23 R located at village Ramkund were acquired by the appellant-Acquiring Body for construction of storage tank of village Wakwad, Ta. Bhoom, District Osmanabad. Notification under section 4 of the Land Acquisition Act, 1894 ( for short "Act of 1894") was published on 18-05-1995. After compliance of procedural formalities Land Acquisition Officer (for short "LAO") declared the award under section 11 of the Act of 1894 on 11-08-1998 and awarded Rs. 16,000/- per hectare as market price to the acquired land. The claimants - original owners of the lands under acquisition did not satisfy with the quantum of compensation determined by LAO.
Therefore, Reference Applications were made under section 18 of the Act of 1894. The Reference Court considered the evidence adduced on record and fixed the compensation @ Rs. 55,000/-per hectare for the acquired lands of the claimants. The appellant-Acquiring body found reluctant to accept the market value of the acquired land quantified by the Reference Court. The appellant-Acquiring Body casts allegation of exorbitant and excessive compensation amount awarded to the claimants. Therefore, appeals came to be filed by Acquiring Body for redressal.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.