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BENCH AT DHARWAD
THE EXECUTIVE ENGINEER – Appellant
Versus
VIJAYSINGH NANASAHEB NIMBALKAR – Respondent


The captioned Miscellaneous Second Appeal is filed by

the beneficiary questioning the judgment and award

passed by the first appellate court in LAC Appeal

No.48/2011.

2.

Respondent No.1 is the owner of the land

bearing Sy.No.6 measuring 6 acres situated at Nanadi

village of Chikodi taluk. The said land was acquired by the

State for the purpose of installation of 33/11 KV power

station at Nanadi and accordingly, notification was issued

and respondent No.2 passed an award on 14.08.2000

awarding compensation of Rs.10,400/- per acre including

statutory benefits.

3.

Respondent

No.1/owner

feeling

aggrieved

sought reference before the reference court. Respondent

No.1/owner of the land in question was examined as P.W.1

and relied on documentary evidence vide Exs.P1 to P4. The

appellant/beneficiary examined its official as R.W.1 and

3

also relied on Exs.R1 to R7. The reference court having

assessed the oral and documentary evidence discarded the

price list placed on record by respondent No.1/owner vide

Ex.P3. The reference court proceeded to presume that the

land owner is growing crops like, jowar and sadhak and the

price list does not refer to prevailing price of jowar and

sadhak and has

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