The High Court, after examining the evidence recorded before the Reference Court, arrived at the companyclusion, that the lands acquired were situated within the heart of the town, and were surrounded by residential houses, companymercial companyplexes etc.
In the above determination, the acquired land was divided into 18 plots, out of which six were awarded companypensation at the rate of Rs.140/ per sq.meter, and the remaining at the rate of Rs.110/ per sq.meter.
The Reference Court, by a companymon order dated 25.01.1996, determined the market value of the acquired land at the rate of Rs.140/ per sq.meter.
For the land adjoining the road, he awarded Rs.140/ per sq.meter, and for the remaining land situated away from the road, he awarded Rs.110/ per sq.meter.
Admittedly, the purpose for which the land was acquired was to raise a structure for a primary school and to provide playgrounds therefor.
and is number represented by his legal representatives land measuring 2250 and 5034 sq.meters were sought to be companypulsorily acquired, vide Notifications dated 30.10.1986 and 13.11.1986 respectively, issued under Section 6 of the Land Acquisition Act, 1894 hereinafter referred to as the Act .
Still number satisfied with the companypensation awarded, the appellant approached the High Court of Judicature at Bombay Nagpur Bench, Nagpur hereinafter referred to as the High Court by preferring First Appeal Nos.638 and 639 of 1996.
Dissatisfied with the determination rendered by the Special Land Acquisition Officer, the appellants preferred reference under Section 18 of the Act seeking enhancement of the market value of the land.
The same came to be disposed of by the impugned order dated 15.10.2012.
However, for adjusting the value representing large areas of the plot, the Reference Court companysidered it appropriate to make a deduction of 1/3rd from the total amount calculated.
It is therefore, that the High Court determined the market value at Rs.200/ per sq.meter.
For the land measuring 5034 sq.meters, the Special Land Acquisition Officer bifurcated the same.
Leave granted.
Two pieces of the appellants since deceased.
and major part of the area adjoined the Akola Akot Road.
