The main legal point established in the given judgment is that the enhanced compensation awarded by the Reference Court is just, proper and reasonable.

JUDGMENT :

G. A. Sanap, J.

1. Both these appeals arise out of Judgment and Order dated 15.01.2005 passed by learned 2nd Ad-hoc Additional District Judge, Akola in Land Acquisition Case No. 183 of 2000 and therefore, both these appeals are being disposed of by common judgment. First Appeal No. 282 of 2005 is filed by the claimants. First appeal No. 155 of 2005 is filed by the State of Maharashtra through Special Land Acquisition Officer, Akola. The learned Ad-hoc Additional District Judge, Akola partly allowed the Land Acquisition Case/Reference and enhanced the compensation @ of Rs.100/- per Sq. Ft. for the acquired land admeasuring 15562 Sq.Ft. and @ of Rs.100/- per sq.ft for open subdivided area, admeasuring 9464 sq.ft, with consequential benefits.

2. The facts leading to the appeals are as follows:-

In the judgment for the purpose of convenience the parties would be referred by their nomenclature as mentioned in the judgment of the trial Court. Out of total land admeasuring 3.4 HR from survey No.7/2, belonging to the claimants, 0.27 R land was acquired for the purpose of construction of a flood control wall on the bank of river Morna. The State Government, on 03.06.1999, published a notification under Section 4(1) of the Land Acquisition Act, 1894 (For short ‘the Acquisition Act”). The State Government published a declaration under Section 6 of the said Act on 02.12.1999. The process initiated for acquisition of the land culminated into the award passed by the Special Land Acquisition Officer on 04.08.2000. In the acquisition proceedings required inquiry was made. The Land Acquisition Officer awarded the compensation @ of Rs.5,61,000/- per hectare.

3. The claimants being aggrieved filed the Reference. According to the claimants, the acquired land was converted to non agricultural purpose in Revenue Case No. NAP-34/Akoli Bk./56/1981- 82. The claimants laid 188 plots for residential purpose. The plots, roads and lanes had been demarcated on the land. The entry to that effect was made in the revenue record. The claimants sold the plots to different persons. The acquired land was non agricultural land. This fact was placed on record before the Special Land Acquisition Officer. However, the Special Land Acquisition Officer did not accept the same and held the acquired land being agricultural land. The demanded compensation was not awarded on the ground that the land was not developed and was falling in the flood zone. According to the claimants, the acquired land was not covered in flood line area, which is called as blue zone. According to the claimants, the acquired land is situated on the outskirts of Akola city. The area around the acquired land is fully developed. In the surrounding area there are residential colonies. In the vicinity of the acquired land there is Oil Industry and Krushi Utpanna Bazar Samiti Market. There are educational and other religious institutions in the surrounding area of the acquired land.

4. It is stated that during the course of inquiry the Land Acquisition Officer had called the report of valuation from the Director of Town Planning, Akola. The Assistant Director of Town Planning had referred the matter to the Director of Town Planning, Pune. The Director of Town Planning, Pune by his letter dated 20.10.2000 recorded that the acquired land had non agricultural potentiality. It is further stated that the SLAO during enquiry had made a request to the Assistant Director of Town Planning to give opinion as to the value of the acquired land. The Asst. Director of Town Planning opined that the value of the land would be Rs.5,61,000/- per hectare. It is stated that the SLAO, without making further enquiry as per law, accepted this opinion of the Assistant Director of Town Planning and quantified the compensation accordingly. The claimants, therefore, claimed compensation @ of Rs.200/- per Sq. Ft. for the