The main legal point established in the judgment is the determination of adequate compensation for acquired property under the Land Acquisition Act, 1894, and the entitlement of claimants to receive compensation at a higher rate per square meter.

JUDGMENT

V.M.DESHPANDE, J.

1. This appeal filed by the Executive Engineer, Vidarbha Irrigation Development Corporation (VIDC), Bembla Project, Yavatmal and the cross-objection filed by claimants -Ashok Panjabrao Pise and two others, are being decided by this common judgment since these two proceedings arise out of the judgment and decree passed by the learned 1st Ad-hoc District Judge, Yavatmal in Land Acquisition Case No. 476/2003, dated 19/12/2006.

2. Heard Shri Amol B. Patil, learned counsel for appellantVIDC, Mr. S.V. Ingole, learned counsel for the respondents/claimants/ cross-objectors and Ms. Shamsi Haider, learned Assistant Government Pleader for the State authorities, in detail.

3. The facts giving rise to these two proceedings are in very short compass and those are detailed herein below :

4. The State of Maharashtra disclosed its intention to acquire various properties for public purpose for construction of Bembla project by publishing Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the LA Act " for the sake of brevity), on 4/2/1999. The notification under Sec. 6 of the L.A. Act to acquire the property of the crossobjectors, was lastly published on 31/1/2000. (In this judgment, the cross-objectors will be referred to as 'claimants ' for the sake of brevity.) The property which was acquired by the State belonging to the claimants was a plot bearing plot No. 133 along with the structure standing thereon. The plot area is 91.40 sq.meter along with structure standing thereon, situated at village Dighi, Tah. Babhulgaon, Dist.Yavatmal, which was used by the claimants as their residential house. The proceedings were registered as Land Acquisition Case No. 4/47/97-98 of village Dighi, Tah. Babhulgaon, Dist. Yavatmal before respondent - Special Land Acquisition Officer (SLAO), Bembla Project, Yavatmal. On 10.04.2002, the learned SLAO declared the Award under Sec. 11 of the L.A. Act. Insofar as claimants are concerned, the SLAO fixed the market price of open portion of the plot as Rs.6,855.00 and he fixed the market price of constructed area as Rs.1,85,725.00. Thus, he granted Rs.1,92,280.00 as a market price for plot area and constructed area. Along with this, statutory components were also awarded to the claimants.

5. The claimants were dissatisfied with the fixation of market price of their acquired property. Therefore, though under protest they accepted the amount offered by the SLAO, within the period of limitation, they filed the proceedings in the Reference Court under Sec. 18 of the L.A. Act. The proceedings filed by the claimants under Sec. 18 of the L.A. Act were registered as Land Acquisition Case No. 476/2003. It appears that the said was allotted on the file of learned Ad-hoc District Judge-1, Yavatmal, who ultimately decided the same by the impugned judgment.

6. Before the Reference Court, the claimants claimed Rs.1,010.00 per square meter as market price for open plot and Rs.2,850.00 per square meter for constructed area. They also claimed Rs.85,000.00 for wooden material and damage, Rs.20,000.00 towards gobar gas plant and Rs.25,000.00 towards compensation for change of business and place for resettlement.

7. The claim put forth by the claimants was contested by the Executive Engineer, Bembla Project, Yavatmal by filing written statement (Exh.17). In view of the rival pleadings, following three issues were struck below Exh.18 :-

"1] Whether the petitioners are entitled to enhance compensation ? If yes, to what extent ?

2] Whether the reference petition is filed within limitation ?

3] What costs and order ?"

8. In order to prove their case, for and on behalf of the claimants, claimant Ashok Panjabrao Pise entered into the witness box. He was thoroughly cross-examined. The claimants also examined Shri Chandrashekhar Wankhade, a Valuer. His evidence is at Exh.45. Through him, the claimants proved the Valuation Certificate (Exh.46). Needless to mention, Shri Wankhade, a Value