JUDGMENT

G.A. Sanap, J. - The appellant being aggrieved by the judgment and award dated 24.11.2008 passed in LAC No.738/2006 has come before this Court in appeal. The learned Joint Civil Judge, Senior Division, Yavatmal (Reference Court) had partly allowed the reference filed by the appellant and awarded the enhanced compensation of Rs.33,68,720/-.

2. The facts leading to the filing of the appeal are as follows:-

The appellant was the owner of the land bearing Gat No.82 area 4.31 H.R situated at village Mouja Kohli, Taluka Babhulgao, District Yavatmal. The said land was acquired by the respondents for Bembla Project vide LAC No.2/47/2002-03. The notification, was published on 5.06.2003, under Section 4 of the Land Acquisition Act, 1894 (herein after referred to as the Act of 1894), followed by notification under Section 6 of the Act of 1894 dated 22.09.2005. The award came to be passed on 22.09.2005 and total compensation of Rs.20,29,256/- was awarded for the agriculture land and for fruit bearing trees. The appellant accepted the compensation under protest.

3. According to the appellant, the compensation awarded for the land and fruit bearing trees was meager, inadequate and insuffici