The main legal point established in the judgment is the determination of compensation for acquired land under the Land Acquisition Act, 1894, based on possession, market value, and sale instances presented as evidence.

JUDGMENT

1. This appeal is directed against the impugned judgment and award passed in L.A.R. No. 68 of 1998 by the reference Court/2nd Adhoc Additional District Judge, Ambejogai.

2. The facts giving rise to this the appeal in narrow compass are as under:

2(a) The land admeasuring 71 R from the land survey No.151 situated at village Nandur Ghat, Tq. Kaij, Dist. Beed owned and possessed by the claimants came to be acquired for the purpose of 33 K.V. Substation of M.S.E.B. at Nandur Ghat.

2(b) The notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the L.A.Act'). was published in respect of acquired land on 04.12.1992.

2(c) The respondent/State took over possession of the acquired land on 21.11.1990.

2(d) The Special Land Acquisition Officer was pleased to award the compensation at the rate of Rs.65,780/- to the appellant/claimant. The notice of award under Section 12(2) of the L.A. Act came to be served on the appellant/claimant on 26.01.1997. The appellant /claimant received the compensation under protest and filed the reference before the Special Land Acquisition Officer praying that a reference be made over to the Civil Court for enhancement of compensation at the rate of Rs.16,145.85 ps. Per R (i.e. Rs. 15 per Sq. Ft. and Rs.15,000/- for the mango tree). The total compensation was claimed of Rs.11,77,244/- with statutory benefits. The reference was accordingly made over vide L.A.R. No.68/1998.

2(e) The reference Court after considering the rival pleadings of the parties, evidence on record and considering the argument advanced on behalf of both the sides, was pleased to dismiss the the reference.

3. Feeling aggrieved by the impugned judgment and award passed by the reference Court. The original claimants have preferred this appeal by taking aid of Section 54 of the Act.

4. Heard Mr. Anand P. Bhandari, learned counsel for the appellants/claimants and Mr. S.G. Sangle, learned A.G.P. for the respondent/State.

5. Mr. Bhandari, learned counsel for the appellant submitted that the possession of the acquired land was taken on 21.11.1990 by invoking the urgency clause by private negotiation. After lapse of two years, the Special Land Acquisition Officer was pleased to pass the award. He submitted that at the relevant point of time, it was mandatory on the S.L.A.O. to pass the award within two ye64ars from the date of notification under Section 4 of the L.A.Act. He submitted that the market value of the acquired land on the date of notification under Section 4 of the L.A. Act was Rs.15 per Sq. Ft. The appellants/claimants have also produced sufficient oral and documentary evidence in support of their claim for enhancement. No contra evidence is produced by the State. He submitted that by way of additional evidence, certain sale instances are placed on record. The certified copies of the sale instances are admissible in evidence under Section 51-A of the L.A. Act. He submitted that the appellants/claimants are entitled to get compensation of the acquired land at the rate of Rs.15/- per Sq. Ft.

6. Mr. Bhandari, learned counsel for the appellants / claimants submitted that the reference Court has failed to appreciate the evidence placed on record by the appellants in a proper way and determined the market value of the acquired land at a lower side. He submitted that there was a mango tree in the acquired land and the appellant was getting Rs. 3,000/- per year. The reference Court ought to have awarded the compensation in respect of mango tree of Rs.20,000/-. He submitted that at the relevant point of time, the market value of the acquired land in the adjacent area was in the range of Rs. 15,000/- to Rs.20,000 per R as being used for residence purpose.

7. Mr. Bhandari learned counsel has placed reliance on the following stock of citations in support of his argument.

(i) Mehrawal Khewaji Trust (Registered) F