1. By this appeal the appellant has challenged the judgment and award dated 9.1.2008 passed by the 2nd Joint Civil Judge, Senior Division, Nagpur in Land Acquisition Case No.164/1994 by which the Reference Court has directed the Land Acquisition Officer to pay the amount of compensation to the respondent.

2. The necessary facts for disposal of the appeal in nut shell are as under :

The Special Land Acquisition Officer Pench Project-1 Nagpur declared two separate awards for acquisition of lands bearing Survey No.272, 290/2 and 301/1 admeasuring 15.10 acres of mouza Shivangaon, Nagpur. Said land was originally owned and possessed by one Shri Sadashiv Durgaji Ambhore i.e. respondent. As per contentions of the appellant this land was declared as surplus land under the Urban Land Ceiling Act by the competent authority vide order dated 21.5.1981 in ULC Case 1756/76. As per the order dated 21.5.1981, the competent authority was pleased to allow the land retainable admeasuring 1251.92 sq. mtrs. out of Survey No.272 in the name of Sadashiv Ambhore. The appellant purchased the retainable land from Shri Sadashiv Ambhore vide registered sale-deed 12.3.1984 for total consideration