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2022 Supreme(Bom) 255

A.S.CHANDURKAR, M.S.JAWALKAR
Executive Engineer, Lower Wardha Project, Wardha – Appellant
Versus
Shantabai wd/o Dadaraoji Kale, Deceased through Legal Heir Amar Sharadrao Kale – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhijit Parihar
For the Respondent: Akshay A. Naik, C.R. Najbile and H.N. Jaipurkar, Assistant Government Pleader

JUDGMENT :

A.S. Chandurkar, J.

1. In this appeal filed under Section 54 of the Land Acquisition Act, 1894 (for short, 'the said Act') the judgment dated 08.12.2015 in Land Acquisition Case No. 96 of 2008 is under challenge.

2. Land admeasuring 5 Hectares 67 R from Survey No. 460/1 of Mouza Wathoda, Tahsil Arvi, District Wardha was the subject matter of acquisition for submergence under the Lower Wardha Project. Notification under Section 4(1) of the said Act was published on 03.02.1999. In the said land, there was a Well with about 1200 Orange trees, 2 Jambhul trees, 6 Lime trees, 10 Bor trees, 6 Sweet Orange trees, 1000 Teak trees, 20 Subabhul trees, 1 Mango tree and one Moha tree. There was also a pipeline in the said field. The Land Acquisition Officer passed an award and granted an amount of Rs. 7,23,492/- towards the value of the land. The claimant not being satisfied with award as passed, filed reference proceedings under Section 18 of the said Act. The Reference Court by its judgment dated 08.12.2015 enhanced the amount granted for the land to Rs. 2,20,000/- per Hectare. For 1200 Orange trees, an amount of Rs. 4,885.65 per Orange tree was granted. The compensation was also par

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