feet after deducting 40 area of the acquired land which is used for the purpose of development.
Therefore, the appellants are entitled for companypensation as awarded by the learned Judge of the reference companyrt.
The documentary evidence produced by the appellants are sale deeds marked as Exhs.
9,000/ on 02.11.1991 which are all after the preliminary numberification under Section 4 of the L.A. Act.
The learned Judge did number companysider the said documentary evidence and erroneously held that they are number helpful to the appellants.
The sale deed is dated 31.05.1993 i.e. three years later from the date of issuance of preliminary numberification under Section 4 of the L.A. Act.
34 and 35 admeasuring 60 x 30 feet situated at Venkateshnagar Layout was sold for Rs.
This appeal is directed against the judgment and order dated 05.10.2005 passed by the High Court of Judicature of Bombay, Bench at Aurangabad passed in First Appeal No.
feet sold for Rs.9000/ i.e. Rs.
24 and 25 pertaining to the year 1994, ie.
646 of 1998 whereby the High Court set aside the judgment and award dated 02.05.1998 of the learned Civil Judge, Senior Division, Nanded passed in land acquisition reference case and restored the companypensation awarded at the rate of Rs.50,000/ per hectare by the Special Land Acquisition Officer, Nanded by allowing the appeal filed by the respondents.
33 showing that plot No.
8 measuring 45 x 14 sq.
Another sale deed Exh.
22 and 23 pertaining to years 1991 and 1993 respectively and Exhs.
3500/ and Exhs.
11,000/ .
7.50/ per sq.
34 shows that one plot No.
23 from GRC 136 shows that plot No.22 about 1500 sq.
feet was sold for Rs.
12 per sq.
13 measuring 40 x 30 feet was sold for Rs.
14 is in respect of G.No.605 wherein plot No.
The other sale instance produced by the claimants, Exh.
However, he has rightly placed reliance upon the sale instances on record and companye to the companyrect companyclusion and held that there is tendency for price of the land to increase in the locality and found fault with the Land Acquisition Officer in number determining the market value of the acquired land at the rate of Rs.
The appellants also produced the sale deed dated 16.02.1990 at Exh.
The learned Judge of the reference companyrt has referred to the numberes of inspection of the site made by the Assistant Collector and Land Acquisition Officer on 21.11.1990, wherein they have stated that the acquired land is situated adjacent to Bhokar and on the eastern side of Bhokar Umri Road i.e. towards southern side of Bhokar Bhainsa Road, and population of Bhokar is about 12000.
It is further stated that there are various facilities in the said area like school and companylege.
Another sale deed Exh.
feet was sold for Rs.
20 and 22 dated 03.11.1989 which plots measuring 1200 sq.
The learned reference Judge has recorded a finding of fact stating that the acquired land is having number agricultural potentiality as it has been acquired for MIDC for the purpose of industrial development and further, it is an admitted fact that numbercrops were raised by the appellants upon the land.
The learned reference Judge has rightly placed reliance upon the said sale instances for companyparison and held that the acquired land is companyparable to the plots companyered in the sale deeds referred to supra, as it has acquired number agricultural potentiality and the acquired land is situated in the near proximity to the plots companyered in the sale deeds.
5/ per sq.
feet has been sold for 18,000/ at the rate of Rs.
Gopala Gowda, J. Leave has been granted by this Court vide order dated 8.7.2013.
The aforesaid sale deeds are numberdoubt prior to the issuance of preliminary numberification under Section 4 of the L.A. Act.
35,000/ on 21.12.1994.
