Case Note & Summary
The appeal arises from a judgment and award dated 11.02.2020 passed by the learned Civil Judge, Senior Division, Amravati (reference court) in a land acquisition reference. The land of respondent No.1, bearing Survey No.192, admeasuring 0.21 H.R., situated at Mouza Sawanga, Tal. Warud, Dist. Amravati, was acquired for the 'Loni-Dhawalgiri Prakalp' under a medium project. The notification under Section 4 of the Land Acquisition Act, 1894 was published on 15.11.2007. The Land Acquisition Officer passed an award on 13.03.2009 determining the market value at Rs.1,57,500 per hectare. Respondent No.1, being aggrieved by the inadequate compensation, filed a reference before the Collector, which was made over to the Civil Court. Respondent No.1 claimed that his land was irrigated, had good quality black soil, was fertile, and had 14 orange trees planted on it. He contended that the compensation for the land and trees was inadequate. The appellant (Executive Engineer) filed a written statement opposing the reference, contending that the market price determined by the Land Acquisition Officer was just, proper, and reasonable. The reference court, after considering the evidence, allowed the reference and enhanced the compensation from Rs.1,57,500 per hectare to Rs.10,00,000 per hectare. The appellant challenged this enhancement in the present appeal. The High Court, after hearing the parties, dismissed the appeal and confirmed the judgment of the reference court, holding that the enhancement was justified based on the evidence, including a sale deed of a small piece of land and the potential of the land for orange cultivation.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Land Acquisition Act, 1894, Section 23 - The reference court enhanced compensation from Rs.1,57,500 to Rs.10,00,000 per hectare relying on a sale deed of a small piece of land and potential for orange cultivation - Held that the enhancement was justified as the acquired land had potential for horticulture and the sale deed provided a reasonable basis (Paras 3-5).
Issue of Consideration
Whether the reference court was justified in enhancing the compensation for the acquired land from Rs.1,57,500 per hectare to Rs.10,00,000 per hectare based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and award dated 11.02.2020 passed by the learned Civil Judge, Senior Division, Amravati is confirmed. No order as to costs.
Law Points
- Land acquisition compensation
- market value determination
- comparable sale method
- potential use of land
- enhancement of compensation
Case Details
2024 LawText (BOM) (04) 171
First Appeal No. 601 of 2023
Mr. N. M. Gaidhane for appellant, Mr. S. S. Shingane for respondent No. 1, Ms M. R. Kavimandan, AGP for respondent Nos. 2 & 3
Executive Engineer, Amravati Medium Project Division, Amravati
Shri Shankar s/o Keshavrao Aande, State of Maharashtra, Special Land Acquisition Officer
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Nature of Litigation
First appeal against judgment and award of reference court enhancing land acquisition compensation.
Remedy Sought
Appellant sought to set aside the enhancement of compensation from Rs.1,57,500 per hectare to Rs.10,00,000 per hectare.
Filing Reason
Appellant aggrieved by the reference court's enhancement of compensation for acquired land.
Previous Decisions
Land Acquisition Officer awarded Rs.1,57,500 per hectare on 13.03.2009; reference court enhanced to Rs.10,00,000 per hectare on 11.02.2020.
Issues
Whether the reference court was justified in enhancing the compensation from Rs.1,57,500 per hectare to Rs.10,00,000 per hectare.
Submissions/Arguments
Appellant contended that the market price determined by the Land Acquisition Officer was just, proper, and reasonable.
Respondent No.1 argued that the land was irrigated, fertile, had orange trees, and the compensation was inadequate.
Ratio Decidendi
The reference court's enhancement of compensation was justified based on the evidence, including a comparable sale deed and the potential of the land for orange cultivation, which indicated a higher market value.
Judgment Excerpts
Heard.
ADMIT. Taken up for final disposal forthwith, with the consent of learned Advocates for the parties.
In this appeal, the challenge is to the judgment and award dated 11.02.2020, passed by the learned Civil Judge, Senior Division, Amravati (for short ‘the reference Court’), whereby the reference filed by respondent No.1 was allowed and the compensation of the acquired land, determined by the land acquisition officer, was enhanced from Rs.1,57,500/- per hectare to Rs.10,00,000/- per hectare.
Procedural History
Notification under Section 4 of the Land Acquisition Act, 1894 published on 15.11.2007. Land Acquisition Officer passed award on 13.03.2009 determining compensation at Rs.1,57,500 per hectare. Respondent No.1 filed reference before Collector, which was made over to Civil Court. Reference court allowed reference and enhanced compensation to Rs.10,00,000 per hectare on 11.02.2020. Appellant filed First Appeal No. 601 of 2023 before the High Court. High Court dismissed appeal on 23.04.2024.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 23
