Raghunath Baba Pathare v. State of Maharashtra, Through the Collector, Ahmednagar
2009-02-18
K.U.CHANDIWAL
body2009
DigiLaw.ai
Judgment : 1. Heard the learned counsel. 2. The award passed by the Joint Civil judge, Senior Division, Ahmednagar dated 30th June 1992 whereby the opponent were directed to pay an amount of Rs.12950/- for acquisition of 43 R land from Gat No.553 and 50 R land from Gat No.626 is subject of challenge. 3. The short point in the matter is that the learned Judge while awarding grant of compensation to the claimant held, based on 7/12 extract, that the land under acquisition was a dry land. However, it was pointed out during the course of argument that even the award of the SLAO throughout refers to existence of the well in the property which indicated that the lands were irrigated. On earlier date, at the request of learned AGP matter was adjourned and under instructions from the concerned Officer, he confirms that the learned SLAO has considered the well and its compensation is awarded to the tune of Rs.5870/-. However, it was the entry in the 7/12 extract which prompted the learned Judge in treating the lands as dry and consequently the learned Judge has considered the value of the land as at the rate of Rs.25000/- per hectare and passed the above referred award. 4. Since the appellants’ controversy is reduced to short aspect, having accepted existence of the well and the acquired land to be irrigated, the learned Judge while appreciating the evidence adduced before him has observed in para 10 that for the bagayat quality of the land (irrigated land), the compensation should be @ Rs.50000/-per hectare. Applying the same scale, the award under challenge requires modification and consequently following order. i) The appeal is allowed. ii) The order of learned Civil Judge, Senior Division granting the amount of compensation at Rs.12950/- is set aside instead thereof the claimants are held entitled to receive Rs.46500/- as compensation for acquisition of the two lands referred hereinbefore. The other benefits which the learned Judge has awarded by order dated 30th June 1992 will remain the same. iii) The State will pay costs to the claimants.