Case Note & Summary
The petitioner, Sardar s/o Jalamsingh Batale, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking enhancement of compensation for his agricultural land bearing Gat No. 77 admeasuring 2 H 98 R situated at Rawala, Tq. Soygaon, which was acquired by the State Government for a public project/percolation tank. The State Government issued a notification under Section 4 of the Land Acquisition Act, 1894 on 14.12.1998, and the Special Land Acquisition Officer passed the final award on 25.04.2005, granting a meager compensation of Rs.1,26,110/-. The petitioner contended that the award did not consider the value of 40 teak trees, 25 mango trees, 35 berry trees, 2 Indian gooseberry trees, and a well attached to the land, and no compensation was awarded for these. The petitioner sought enhancement of compensation for the standing timber and fruit-bearing trees. The respondents argued that the notification under Section 4 was issued to the petitioner's father and other land owners on 02.02.1999, and the notifications under Sections 4 and 6 were published in local newspapers. The court considered the submissions and held that the petitioner is entitled to compensation for the trees and well, and directed the respondents to consider the petitioner's application for reference under Section 18 of the Act within four weeks. The court allowed the petition and directed the respondents to decide the reference application within the stipulated time.
Headnote
A) Land Acquisition - Compensation Enhancement - Standing Trees and Well - Sections 4, 6, 23, 24, Land Acquisition Act, 1894 - The petitioner sought enhancement of compensation for agricultural land acquired for a percolation tank, claiming that the award did not compensate for 40 teak trees, 25 mango trees, 35 berry trees, 2 Indian gooseberry trees, and a well. The court held that the petitioner is entitled to compensation for the trees and well, and directed the respondents to consider the petitioner's application for reference under Section 18 of the Act within four weeks. (Paras 1-6) B) Land Acquisition - Reference under Section 18 - Limitation - Section 18, Land Acquisition Act, 1894 - The court noted that the petitioner had made an application for reference under Section 18, which was not decided. The court directed the respondents to decide the application within four weeks, as the petitioner is entitled to have the matter referred to the civil court for determination of compensation. (Paras 5-6)
Issue of Consideration
Whether the petitioner is entitled to enhancement of compensation for the acquired land, including compensation for standing timber, fruit-bearing trees, and a well, which were not considered in the award dated 25.04.2005.
Final Decision
The court allowed the writ petition and directed the respondents to consider the petitioner's application for reference under Section 18 of the Land Acquisition Act, 1894 within four weeks from the date of the order.
Law Points
- Compensation for acquired land must include value of standing trees and structures like well
- Land Acquisition Act
- 1894 Sections 4
- 6
- 23
- 24
- enhancement of compensation
- reference under Section 18
- writ jurisdiction under Article 226 and 227
