JUDGMENT

Pushpa V. Ganediwala, J. - Heard.

2. These Appeals take exception to the judgment and award dated 22/12/2005 passed by the Civil Judge, Senior Division, Darwha in LAC Nos. 459/2004, 492/2004 and 682/2004. In all these Appeals, the appellant Keshavrao Govindrao Avagan is the owner of the properties, which came to be acquired for the submergence of Arunawati Project.

3. First Appeal Nos. 684/2009, 397/2009 and 331/2009 arose out of the LAC Nos. 459/2004, 492/2004 and 682/2004 respectively.

4. First Appeal No. 684/2009 is in respect of house No. 171/1 admeasuring 444.3 sq. mtr. out of which constructed area is 264.22 sq. mtr and open space is 180.08 sq. mtr., First Appeal No. 397/2009 is in respect of house No. 268 having total open space of 65.9 sq. mtr., and First Appeal No. 331/2009 is in respect of house No. 306 admeasuring 50 sq.mtr having total 50 sq. mtr. as constructed area.

All these properties are situated at Village Mokh, Tq. Digras, District Yavatmal.

5. The subject properties of the appellant/claimant came to be acquired by the Land Acquisition Officer (“LAO”) by issuance of notification under Section 4 of the Land Acquisition Act, 1894 (“the said Act”), which was publ