Oral Judgment: [F.M. Reis, J.]

1. Heard learned Advocates for the parties.

2. The appellant Executive Engineer in First Appeal No. 141 of 2002, and the Appellant – Uttamrao Bapurao Raut in First Appeal No. 240 of 2002, are hereinafter referred to as “the Acquiring Body” and “the claimant” respectively, while the respondent - State of Maharashtra is hereinafter referred to as “the State Government.”

3. While First Appeal No. 141 of 2002 has been preferred by the Acquiring Body against the Judgment dated 31st December, 2003, delivered by learned Civil Judge [Senior Division], Pusad, in Land Acquisition Case No. 229 of 1995, whereby the Reference under Section 18 of the Land Acquisition Act made by the claimant was partly allowed and a compensation to the tune of Rs. 14,49,744-00 was awarded along with other statutory benefits, the claimant has filed First Appeal No. 240 of 2002 challenging refusal of part of his claim for enhancement of compensation in the said impugned Judgment dated 31st December, 2001.

4. The brief facts of the case are as follows:-

By a Notification under Section 4 of the Land Acquisition Act published in the Official Gazette dated 17th March, 1994,